Bill 3 (Legislature 8, Session 4)

L8 S4 8235

Alberta — Bills

BILL No.3 of 1937 (Second Session).

An Act to empower the Village of Fairview and the Munici pal District of Fairview No. 858 to enter into an Agreement for the provision of Hospital Facilities. (Assented to ,1937.)

WHEREAS the Village of Fairview and the Municipal Dis trict of Fairview No. 858 are desirous of entering into an agreement for the provision of hospital facilities and have negotiated an agreement for that purpose; and

Whereas it is expedient and convenient that the Village of Fairview and the Municipal District of Fairview No. 858 be empowered to enter into such an agreement.

Now, therefore, His Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: 1. This Act may be cited as "The -Fairview Community Hospital Act." 2. Subject to the other provisions of this Act, the Village of Fairview, hereinafter referred to as the Village, and the Municipal District of Fairview No. 858, hereinafter re ferred to as the Municipal District, are empowered to enter into an agreement for the provision of a community hos pital, upon the terms and conditions of the draft agreement set out in the

Schedule hereto. 3.-

(1) Before the said agreement is entered into the same shall be authorized by by-laws passed by the Village and the Municipal District, and all the provisions of The Town and Village Act relating to the enactment of money by-laws by a town or village, shall apply to any by-law authorizing the agreement enacted by the Village, and the provisions of

section 157 of The Municipal District Act, 1926, shall apply to any by-law authorizing the agreement enacted by the Municipal District.

(2) None of the provisions of The Town and Village Act providing for the submission of by-laws for the approval of electors, shall apply to any by-law of the Village authorizing the borrowing of any money by the Village made in pursu ance of or for the purpose of carrying out the terms of the agreement.

2 4.-

(1) The said agreement shall not be entered into unless and until the by-laws authorizing the same have been approved in writing by the Minister of Health and by the Board of Public Utility Commissioners.

(2) The said Board shall not approve any such by-law unless it is satisfied that the financial condition of the Vil lage and the Municipal District is such that there is a reason8!ble expectation that they can respectively carry out the obligations arising from the agreement. 5. The Board of Management constituted pursuant to such agreement shall be a body corporate with all the powers and duties mentioned in such agreement. 6. For the purpose of defraying any expenses of operat ing and maintaining ·the hospital to which the agreement relates,- (

a) the Board of Management may from time to time borrow such sums as may be requisite for the pur pose from any person; (

b) the Village and the Municipal District respectively may guarantee the due repayment of any money so borrowed by the Board; and (

c) the Village and the Municipal District may each lend to the Board out of its general funds, money required by the Board for the purpose aforesaid. 7. The Board of Management shall not incur any capital expenditure or any liability for any capital expenditure unless it is specifically authorized so to do by the Village and the Munioipal District. 8.

Where in pursuance of the agreement any member of the Board of Management is required to be elected, such election shall be held at the time prescribed for such election in the agreement, and all the provisions of The Town and Village Act or The Municipal Dist1-ict Act as the case may be, shall mutatis mutandis apply to any election so held. 9.

The Village and the Municipal District may from time to time by supplementary agreement authorized by by-laws approved by the Minister of Health and by the Board of Public Utility Commissioners, vary the terms and conditions of the agreement entered into pursuant to this Act, and the agreement entered into pursuant to this Act as varied by the supplementary agreement shall have the same force and effect as if the agreement so varied h8!d been the agreement originally entered into pursuant to this Act. 10.

The Village and the Municipal District are each of them authorized and empowered to do all or any acts or things necessary for the purpose of carrying out the pro visions of such agreement or incidental thereto.

3 11. The Village is empowered to raise any money re- 9uired to b.e raised for. the purpose of defraying any cap Ital expendIture authorIzed by the agreement by borrowing the same upon the credit of the Village, and to secure the repayment of such borrowing by the issue of debentures and to borrow upon the security of any debentures so issued as if the borrowing had been made for the general purposes of the Village, but no provision of The Town and Village Act restricting the amount which may be borrowed by a village shall apply to any borrowing to which this

section relates. 12. This Act shall come into force on the day upon which it is assented to, and upon so coming into force shall be deemed to have been in force at all times from and after the first day of July, 1937.

SCHEDULE This agreement made this tenth day of July,' A.D. 1937. Between: The Village of Fairview (hereinafter referred to as the Vmage), of the One Part AND The Municipal District of Fairview No. 858 (hereinafter referred to as the Municipal DistJ:'ict), of the Other Part

Whereas there is in existen,ce in the ViHage of Fairview a Hospital known as the Fairview Wom~m's Institute Hospital. And

whereas the Board of the said Hospital has agreed that it will transfer all its buildings, equipment and supplies and all its assets to a Board consisting of representatives of the Council of the Village of Fairview and representatives of the Council of the Municipal District of Fairview No. 858 upon the condition that the said Board to be 'appointed as hereinafter provided will continue to operate the said hos pital and will erect a Community Hospital in or near the Village of Fairview. And

whereas the parties hereto are desirous of taking joint action for the purpose of providing for their respective needs for hospital facilities: Now this agreement witness,eth that the Village and the Municipal district do each agree with the other as follows:- 1. The Village will provide the Board hereinafter con stituted with the money requisite to erect, complete and equip a hospital according to plans and specifications to be approved by the Village and the Municipal District, which money is estimated to be the sum of $20,000.00 or there abouts.

2. The Village will proceed to issue debentures for the sU,m of $20,000.00 bearing interest at 6 per cent per annum repayable in fifteen equal aggregate annual instalments of principal and interest amounting to $2,059.24 for the purpose of providing the necessary fund for the erection, completion and equipment of the said hospital. 3.

Upon the Village selling the said debenture issue of $20,000.00 or obtaining the said sum by any other means, the Municipal District shall contribute towards the retire ment of the said debenture issue for the cost of the erection, completion and equipment of the said hospital the sum of $16,000.00 and interest, payable in fifteen equal annual in stalments of blended principal and interest amounting to $1,647.39, provided, however, that such interest shall be at the same rate as is actually paid by the ViUage in respect of the aforesaid sum borrowed by the Village, the first of such instalments to be paid at the expiraUon of one year from the date of the bonds, debentures or other security given by the Village as security for the said loan, and thereafter on the same day in each succeeding year until the said sum of $16,000.00 with interest as aforesaid is fully paid. 4.

The Hospital Board shall consist of six members: two members to represent the Village and four members to represent the Municipal District: (

a) The Village shall appoint two members to the Board, one of whom shall be a member of the Council and the other a proprietary elector qualified to be a Councillor under The Town and Village Act.

Both first members so appointed shall be members of the Board until the third Monday in February following their appointment and one year more, and: Thereafter the Council of the Village, in the month of February in each and every year, shall appoint one of their number to be a member of the Board, 'and the other member shall be erected to hold office for three years in the same manner and at the same time as the election of Councillors is held in that year.

Such election shall in all respects as to qualifications, holding of office and otherwise, be governed by the provisions of The Town and Village Act relating to the office of Councillor. (

b) The Municipal District shall appoint four members to the Board, one of whom shall be a member of the Council and three shall be proprietary electors qualified to be Councillors under the provisions of The Municipal District Act, who shall each be desig nated to represent: One for Divisions 1 and 2o} of the One for Divisions 4 and 5. Municipal District One for Divisions 3 and 6. of Fairview, No. 858. The member of the Council so appointed shall hold office until the 13th day of March next following his

5 appointment and one year more, and there'after the Council of the Municipal District shall in the month of March in each and every yeaJr appoint one of their number to be a member of the Board. The members of the Board appointed to represent Divisions as aforesaid shall hold office for the same term as that of the Councillors of the Municipal District representing those Divisions. Thereafter each vacancy shall be filled by the election of a mem ber of said Board to be held in the same manner and at the s'ame time as the election of Councillors of the Municipal District for the Divisions concerned.

Such election shall in all respects as to qualifications, holding of offi·ce and otherwise be governed by the provisions of The Municipal District Act relating to the office of Councillor. (

c) Provided however that the provisions of clause 6 of this agreement shall apply with regard to the filling by the respective parties hereto of any ad-interim vacancies occurring on said Board. (

d) Each of the parties hereto will conduct and bear the expense of any necessary elections for their respec tive members of the Boam. 5. As soon as conveniently may be after

an Act has been passed empowering the parties hereto to enter into this agreement, the Village and the Municipal District will pro ceed to appoint the members of the said Board. 6. The members of the Board shall hold office until their successors are appointed or elected, provided that in the event of death or resignation of any member of the Board, or if for any other reason a vacancy occurs other than the efHuxion of time then the Council of the Municipality con cerned shall appoint a qualified person to hold office in his place. 7. The powers of the Board shall be as follows:- (

a) To acquire such site for the hospital as shall be ap proved by both the ViUage and the Municipal' District. (

b) To apply all moneys furnished by the Village and the Municipal District, or eitiher of them, for the purpose of erecting, completing and equipping the said hospital or any additions, alterations or ex tensions thereto in accordance with the said plans and specifications ,and any directions which may be given jointly by the Councils of the Village and the Municipal District. (

c) To manage and control the affairs and business of the hospital. (

d) TO' pay the members of the Board a sum not exceed ing ten cents for every mile necessarily travelled in coming to and returning from the meetings of the Board. (

e) To engage any necessary officirals and servants, and to prescribe their remunerations and duties and to terminate any such engagements.

6 (

I) TO' apply all mQneys received by the BQard Qn aCCQunt Qf the QperatiQn Qf the hQspital fQr the purpose Qf the hQspital. (

g) TO' keep prQper bQQks Qf aCCQunt. (

h) TO' require that any member of the BQard and any emplQyee of the Board whO' has the handling Qf any moneys entrusted to' Qr received by the Board shaH furnish a bQnd Qf a CQmpany licensed to' cQnduct the business of bonding in the PrQvince in a sum nQt less than $3,000.00. (

i) TO' submit all bQQks of accounts, vQucheI1S, state ments and documents relating to' the aff'airs and business of the hQspital to' the inspectiQn Qf any auditQr or auditQrs apPQinted at any time or times by the ViHage and the Municipal District jQintly Qr by either Qf them. (

j) To submit statements as to' the financial trans actiQns Qf the Board and current receipts, disburse~ ments, assets and I.iabilities to' the Village and Muni cipal Di;strict annually in the mQnth Qf January in each year and whenever required SO' to' dO' by the ViII age and Municipal District, or either Qf them. (

k) In additiQn the Board shall, as soon as constituted and subject to' all the provisiQns Qf this agreement, have power to acquire the aSlsets and assume the then liabilities Qf the Fairview WQmen's Institute HQspi tal, and shall have power to operate same in the Vil lage of Fairview as IQng as this agreement remains in force Qr until the hQspital herein prQvided for is ready fQr Qccupation, whichever shaH Qccur first. 8. The resident sick of the Village and the Municipal District respectively shall have the right to' admissiQn to' and treatment in the hospital in priority to' any Qther persons. 9.

The amount of the hospital charges shall he Huch as may be from time to' time fixed by the Board and apprQved by the Village and the Municipal District respectively. 10. The HQspital Board shall be knQwn as "The Fairview CQmmunity HQspital Board" and the hospital shall be knQwn as "The Fairview CQmmunity Hospital." 11. The Village and the Municipal District shrull each be responsible for the payment to the Board of all hospital charges payable in respect of their respective indigent resi dents which are not paid by such residents. 12.

The deficits incurred by the BQard in the operatiQn of the hospital shall be annually apportiQned between and paid by the parties hereto as follows :-So much of the deficits as is attributable to the hospitalization Qf persons who are not residents of the Village or the Municipal District on the basis of one-fifth thereof to the Village and fQur-fifths thereof to the Municipal District, and the remainder Qf the deficit shall be apPQrtioned between the Village and the Municipal District in the proPQrtion which the total number of hospital days of patients who are residents of the Village during the year bears to' the total number of hospitaJ days of patients who are residents of the Munidpal District.

7 13. All :f:uture capital expenditures in:Gurred in connection with the said hQspital and all unfQreseen 100sses Qr expendi tures incurred in cQnnectiO'n therewith until December 31st, 1942, shall be appO'rtiQned between the Village and the Municipal District in the prQPortiQn Qf Qne-fifth to the Village and fQur-fifths to' the Municipal District, and there 'after in the prQPortiQn which the populatiQn O'f the Village bears to' the PQPuiatiO'n Qf the Municipal District as shown by the DO'miniQn Census last taken prior to' such lQSS Qr expenditure. 14.

This agreement shall continue in full fQrce and effect sO' IQng as any sum payable by the Municipal District pursuant to' this ag>reement, or any sum which the Municipal District becO'mes lii'able to pay Qn accQunt Qf any capital expenditure in respect O'f the hospital remains O'wing and unpaid; and upon all such indebtedness Qf the Municipal District being paid and satisfied, either party may terminate this agree ment by delivering to' the Qther twelve mQnths' nQtice in writing Qf Ms intentiQn to' terminate the said agreement, and upO'n the expiratiO'n O'f such notice, this agreement s4all cease and the affairs of the hospital shall be wQund up and the surplus, if any, shall belO'ng to' the Village and Municipal District in the prQPQrtiQn Qf Qne-fifth to the Village and fO'ur fifths to' the Municipal District.

In the interval between the time the full amQunt Qwing by the Municipal District as afO'resaid has been paid and the terminatiQn Qf this agree ment as herein prO'vided, the Village shall be deemed to' be the Qwner Qf an undivided Qne-fifth interest in the prQperty vested in the BO'ard by this Agreement and the Mnuicipal District shall be deemed to' be the Qwner of an undivided fQur-fifths interest in the said pr')perty. 15.-

(1) This agreement shall becQme effective UPO'n the Executive Qf the Fairview WQmen's Institute HQspital transferring all its buildings, equipment and Qther assets to' the BQard, and thereafter the BQard shall hQld the hQspital and all prO'perty whatsQever acquired in cQnnectiQn there with ,or incidental theretO' as the prO'perty O'f the BQard and UPQn and subject to' the terms of this agreement.

(2) This agreement is UPO'n the express cQndition that if UPO'n the first day of June, A.D. 1940, the Village shall have failed to sell O'r O'therwise disPO'se O'f the said issue of $20,000.00, and to' pay the prQceeds thereO'f to' the BO'ard as hereinbefQre provided. this agreement shall thereupon be cO'me VO'id and O'f nO' effect.

In witness wherem the parties heretO' have caused their cO'rpO'rate seals to' be hereunto affixed in the presence Qf and attested by its proper O'fficers, the day and year first abO've written. ~~::a: ::~:w~e} :::::::::::::::::::::::::::::::::::~~~:~:=::::: CO'rpO'rate Seal Qf the} Municipal District Qf Fairview NO'. 858. ........ ···· ...... · .... ······· .... ·········ii~·~~~:···· ·············· .. ···················S~~:~T;~;;,;:····

FOURTH SESSION EIGHTH LEGISLATURE 1 GEORGE VI 1937 (SECOND SESSION) BILL

An Act to empower the Village of Fairview and the Municipal Dis trict of Fairview No. 858 to enter into an Agreement for the pro vision of Hospital Facilities. Recei ved and read the First time ....................................... . Second time .................................... . Third time ....................................... . HON. DR. CROSS. EDMONTON: A. Shnitka, King's Printer 1937 Title: 1937 (8th, 4th) Bill 3,

An Act to empower the Village of Fairview and the Municipal District of Fairview No. 858 to enter into an Agreement for the provision of Hospital Facilities

Document details

Collection	Alberta — Bills
Citation	L8 S4 8235
Type	bill
Volume / chapter	L8 S4 8235
Language	en
Format	json
Source	PROVINCIAL
Identifier	db2b2e4b52a136ea611b141cf1a09a10eeba1c63

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