Bill ID 3469 (Legislature 20, Session 3)

L20 S3 3469

Alberta — Bills

1985 BILL PR 11 Third Session, 20th Legislature, 34 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL PR 11 THE CALGARY MUNICIPAL HERITAGE PROPERTIES AUTHORITY ACT MR. OMAN First Reading Second Reading Committee of the Whole Third Reading Royal Assent • •vini4<v «* i«.«jrB

Bill PR II Mr. Oman BILL PR 11 1985 THE CALGARY MUNICIPAL HERITAGE PROPERTIES AUTHORITY ACT (Assented to , 1985)

WHEREAS a petition has been presented, praying for the incor poration of a body corporate to be known as "The Calgary Municipal Heritage Properties Authority", and it is expedient to grant the prayer of the petition; THEREFORE HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: 1 In this Act, (a) "Authority" means The Calgary Municipal Heritage Properties Authority created by this Act; (b) "Chairman" means the Chairman of the Authority; (c) "City" means the City of Calgary; (d) "Council" means the municipal council of the City; (c) "elector" means a person who is entitled to vote at thc municipal elections of the City and who is not a member of thc Council; (f) "General Manager" means the person who is from time to time appointed as General Manager of the Authority by the Authority;

(g) "heritage resource" means any work of nature or of man, including an area of heritage character, natural site, structure, whether movable or immovable, artifact, document^ specimen that is primarily of heritage value for its architec tural, historic, cultural, natural, scientific or aesthetic interest; (h) "Vice-Chairman" means the Vice-Chairman of the Authority. Incorporation 2(1) Thcre Is hcrcby created a body corporate with the name of "The Calgary Municipal Heritage Properties Authority" com posed of members determined in accordance with the provisions of this Act.

(2) The members of the Authority have direction and control over the conduct of the business and affairs of the Authority and the General Manager is responsible to the Authority for the daily administration and management of such business and affairs.

(3) The Authority is a continuing body notwithstanding any election or appointment or any vacancy or vacancies occurring from time to time. General powers 3 y|^g Authority shall havc the power to acquire, develop, maintain, manage, operate and dispose of any right or property which, in the opinion of the Authority, is a heritage resource in the City of Calgary. Special powers 4 without limiting the generality of

section 3, the Authority shall have the power (

a) to appoint the General Manager who shall have authority to conduct the daily administration and management of the business and affairs of the Authority; (

b) to acquire and hold any real or personal property or any estate or interest in real or personal property or any rights or privileges of any kind, or nature including grants and donations, whether public or private as the Authority considers necessary or convenient, and to alienate, sell, lease or dispose of any property, right or privilege; (

c) to engage the services of any bank, treasury branch or credit union and to enter into agreements with any bank, treasury branch or credit union; (

d) to draw, make, accept, endorse, execute and issue promissory notes, bills of exchange, bills of lading and other negotiable or transferable instruments; (

e) to delegate to any person or persons any power or powers contained in clauses (

c) and (d);

(

f) to buy, sell and deal in any goods, wares or merchandise either by wholesale or retail or both; (

g) to acquire, hold or alienate shares in the capital stock of any corporation; (

h) to borrow money upon the credit of the Authority and execute such evidences of indebtedness as the Authority may deem expedient; (

i) to make by-laws, rules, orders and regulations for the government and proper administration of the property, affairs and interests of the Authority; (

j) to recommend to the Council appropriate expenditures, improvements or acquisitions which would promote the public interest in heritage resources; (

k) to manage on behalf of the Council any heritage resource owned by the City of Calgary; (1) generally, to do or cause to be done all things, within our without the City of Calgary, necessary for or incidental to the development, maintenance, management and operation of heritage resources in the City of Calgary. Members 5 jj^g Authorlty shall be composed of (a) 2 members of Council, appointed by resolution of Council, (

b) no less than 3 nor more than 7 electors appointed by resolution of Council. uur'ienn"!.f ^^' ^ ^^ ^°°" ^^ practlcally possible after this Act comes into members'" " foKQ thc Couucil shall appolnt the first members of the Authority pursuant to

section 5.

(2) The members of the Authority who are first appointed as members of the Authority shall be appointed for a term com mencing on the day of the appointment and ending on the day on which the first organizational meeting of the Council following the appointment is held.

(3) After the appointment of the first members of the Authority (

a) the members of the Council who are appointed as members of the Authority shall be appointed for a 1-year term, and (

b) the other persons who are appointed as members of the Authority shall be appointed for a term of such duration as the Council may determine.

(4) Notwithstanding the period for which he was appointed as a member of the Authority, a member of the Council may hold office as a member of the Authority only so long as he remains a member of the Council.

(5) Subject to subsection (4), notwithstanding the period for which he was appointed as a member of the Authority, unless disqualified pursuant to

section 8, a member of the Authority shall remain in office until his successor has been appointed.

(6) A former member of the Authority is eligible for reap pointment as a member of the Authority. Vacancies 7(1) Whcrc 3 vacaocy occurs in membership in the Authority by reason of death or resignation of a member or from any other cause other than expiration of the term for which the member of the Authority is appointed, the Council shall appoint by resolution a successor to fill the vacancy in membership in the Authority until the next organizational meeting of Council, at which time the Council shall appoint by resolution a successor for the remaining term of vacated membership.

(2) Where a vacancy occurs in membership in the Authority for any cause the vacancy shall be filled within 60 days after the vacancy occurs. Qualifications of g The provisions of sections 29, 30 and 31 of the Municipal members r • i • • i r Government Act, or any legislation passed in substitution therefore, that to members of the council of a municipality shall apply mutatis mutandis to the members of the Authority. Chairman, g^jx yj^ membcrs of the Authority shall annually elect one Vicc-Chairman ^ ' •' /-,i • i- L of the members of the Authority to act as Chairman ot the Authority and one of the members of the Authority to act as Vice-Chairman of the Authority.

(2) The Chairman shall preside at meetings of the Authority.

(3) In the absence of the Chairman at a meeting of the Authority, the Vice-Chairman shall preside at such meeting.

(4) The Chairman and the Vice-Chairman shall have the same right of voting as other members of the Authority.

(5) In the case of an equality of votes at a meeting of the Authority, a motion shall be deemed to be decided in the negative. AnnuaMnecting ^Q ^j^^ membcrs of thc Authority shall meet at least once a year and at such other times as might be necessary. 11 No business shall be transacted at a general or special meeting of the members of the Authority unless a majority ot the members appointed are present. Quorun

Remuneration 12 Thc iTiembers of thc Authority shall be reimbursed by the Authority for any expense approved by the Authority in advance and incurred in performing duties on behalf of the Authority. Head dike 13 j^g hg^d officc of thc Authorlty shall be at the City of Calgary in the Province of Alberta. General 14(1) Thc Authorlty shall appoint a person to be the General Manager and ' -"^ii*! employees Manager.

(2) The General Manager shall hold office during the pleasure of the Authority.

(3) The Authority may employ such other persons as it considers necessary and shall prescribe their duties and salaries or remu neration.

Corporate seal -|5 yj^g Authorlty shall havc a corporate seal in the form adopted from time to time by the Authority. lixeeution of documents 16 The Chairman, Vice-Chairman and the General Manager, or any 2 of them are hereby authorized to sign in the name of and on behalf of the Authority and to affix the corporate seal of the Authority to documents and such execution is binding upon the Authority without any further authorization or formality. ''"•'"''''' , 17(1) The Director of Finance of the City or his designate advisor and •' .mdiis shall act as the financial advisor of the Authority.

(2) The Director of Land, if not a member of the Authority, or his designate shall act as an advisor to the Authority on real property matters.

(3) All accounts and books of the Authority shall be audited by auditors appointed for the purpose by resolution of the Council. ""^'""' 18(1) Prior to the 31st day of October in each year the Authority shall make up or cause to be made up a budget estimate of all expenditures and revenues for the next calendar year and a separate budget estimate of funds to be requested from the Council.

(2) The budget estimate of expenditures and revenues shall be delivered to the Director of Finance of the City or his equivalent not later than the 31st day of October in each year.

(3) The Council may change, annul or refer back to the Authority the budget estimates of expenditures and revenues. In accordance with

section 4(1) of the

Interpretation ion Act,

this Bill comes into force on the date it receives Royal Assent. Title: 1985 (20th, 3rd) Bill Pr11, The Calgary Municipal Heritage Properties Authority Act

Document details

Collection	Alberta — Bills
Citation	L20 S3 3469
Type	bill
Volume / chapter	L20 S3 3469
Language	en
Format	json
Source	PROVINCIAL
Identifier	e29472270799476cd22a8b05a8e5966304e2bda2

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