Bill 14 (Legislature 17, Session 1)

L17 S1 4995

Alberta — Bills

1972 Bill First Session, 17th Legislature, 21 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL The City of Calgary and Calgary Power Ltd. Agreement Authorization Act, 1972 MR. FARRAN First Reading .............................. . Second Reading ............................. . Third Reading .............................. . Printed by L. S. Wall, Queen's Printer, Edmonton BILL THE CITY OF 'CALGARY AND CALGARY POWER LTD. AGREEMENT AUTHORIZATION ACT, 1972 (Assented to , 1972) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: 1.

Notwithstanding any provision 'Of The Municipal Government Act relating to the powers of a municipality to enter into agreements respecting the creation or extension of its public utilities Dr to any limitation on the liability of a municipality for damages 'arising frDm the 'Operation or the break of any part of a puhHc utility, The City of Calgary shall be deemed to have always had the ,pDwer and capacity to enter into that certain lagreement dated the 21st day of June, 1971, between The City of Calgary and Calgary Power Ltd. 2.

The agreement referred to in seetion may from time to Ume be amended, varied or ,extended, as to subject matter .or 'Otherwise, in any way and to such extent as may be agreed upon by the parties thereto, subject to such amendment, variation or extension being authorized or confirmed by a resoluti.on of the Council of 'The City of Calgary. 3. This Act comes into force on the day upon which it is assented to. Explanatory Notes General.

The City of Calgary and Calgary Power Ltd. entered into an agreement dated June 21, 1971 which provided for the use by the City of the Bearspaw Reservoir and dam and certain areas of land occupied by the company. The use of these facilities is required by the City in connection with its obtaining a portion of its water supply from the Bow River.

The agreement contains a general liability clause (clause 10) under which the City agrees to indemnify and and save the company harmless from any damage to the company's facilities at the Bearspaw site and any and all costs, claims, demands and damages which may be brought or made against the company as a result of the use of the reservoir and dam and other land of the company by the City in connection with its Bearspaw water project.

Section of The Municipal Government Act provides in part that a municipality is not liable for damages caused by a break in its public utility installations or for any accident due to the operation of a public utiHty, unless such action has been shown to be directly due to the negligence of the municipality or its employees. It is felt that the City did not have the power to extend its liability by clause of the agreement beyond that provided for in

section of The Municipal Government Act.

Section of this Bill will in effect declare that the City always had the power to com~it itself by clause of the Agreement, notwithstanding

sectIOn of the Municipal Government Act. Title: 1972 (17th, 1st) Bill 14, The City of Calgary and Calgary Power Ltd. Agreement Authorization Act, 1972

Document details

Collection	Alberta — Bills
Citation	L17 S1 4995
Type	bill
Volume / chapter	L17 S1 4995
Language	en
Format	json
Source	PROVINCIAL
Identifier	e2bb06c4a48646042c427e0d591fedb8b716e38e

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