Bill 11 (Legislature 2, Session 3)

L2 S3 10716

Alberta — Bills

BILL No. 11 of 1911.

An Act respecting the Town of Camrose. (Assented to 1911.) 1. The corporation of the Town of Camrose hereinafter called "the corporation" shall have power to construct, build, purchase, improve, extend, hold, maintain, manage, and conduct waterworks, sewers and electric lights and all buildings, materials, machinery, franchises, rights, privileges and appur tenances thereto belonging in the corporation and in the neighbour hood thereof as hereinafter provided, and either in connection with waterworks or not, a system of storm sewers or sanitary :-;ewers or both. 2.

The corporation shall have power to employ such engineers, surveyors and other persons and to rent with such conditions, covenants and stipulations as the corporation shall deem re quisite and necessary or purchase at the option of the corporation such lands and buildings, waters and privileges as in their opinion may during the construction or at any future time be necessary or expedient to enable them properly to carry out the purpo:-;es of this Act. 3.

The corporation, their engineers, servants and workmen from time to time and at such times as the corporation shall sec fit, may enter into and upon, take or use the land of any person, bodies politic or corporate in the corporation or within ten miles thereof, and may survey, set out and ascer.tain such parts thereof as are required for the purposes of the waterworks, sewers or any other works contemplated by this Act, and may contract with the owner or occupier of the said lands and any person having a right or interested in any water for the purchase or renting thereof or of any part thereof or of any privilege that may be required for the purpose of the waterworks or S('Wers at the option of the corporation. 4.

The corporation may construct, erect, and maintain in and upon any lands acquired under the provisions of this Act all reservoirs, waterworks, machinery requisite for the under taking and for conveying the water thereto and therefrom, in, upon and through any lands lying intermediate between said reservoirs and waterworks and the rivers, ponds, springs, streams or waters from which the same are procured and the corporation by one or more lines of pipes as may from time to time be found necessary or expedient. 5.

The corporation and their servants under their authority may for the said purposes enter and pass upon and over the said lands intermediate as aforesaid and the same may cut and dig up if necessary and may lay down the said pipes through the same, and in, upon, through, over and under the highways, streets, lanes, roads or other passages intermediate as aforesaid, and may for the purpose of such works enter and pass upon and over such lands as the corporation may deem expedient and the same may cut and dig up if necessary and may lay pipes, drains, sewers or other works through the same and in, through, over and under lands, highways, streets, lanes, roads, or other passages.

2 6. All lands not being the property of the corporation and all highways, roads, streets, lanes or other passages so dug up or interfered with shall be restored to their original con dition without necessary delay. 7.

The corporation may enter upon, set out, ascertain, purchase, usc and occupy such parts of the said lands as the said corporation may think necessary and proper for the making and maintaining of the said works or for the opening of new streets required for the same and for the purchasing of said lands required for the protection of the said works or for pre serving the purity of the \Vater supply or for taking up, removing, altering or repairing the same and for distributing water to the inhabitants of the community or the suburbs of the cor poration or for the uses of the corporation or for the proprietors or occupiers of the land through or near which the same may pass. 8.

For the purpose of distributing water or for the purpose of sewerage as aforesaid the said corporation may sink and lay down pipes, tanks, reservoirs and other conveniences and may from time to time alter all or any of the said works as well in the position as in the construction thereof as they may deem ~~~- 0 9. All works, pipes, erections and machinery requisite for the unoertaking shall be vesteo in ano be the property of the corporation constmcting the said works. 10.

Service ripes or sewers which may be required shall be constmcted and laid down up to the outer line of the street by the corporation and the corporation shall be solely respon sible for keeping the Harne in repair. 11.

In ('[lfes where srace intervene's between the outN line of the street and the wall of the building or other place into which the water is to be taken or with which the sewer is to be connected the corporation may with the consent of the owner lay the service pipes or RewcrH across Ruch vacant space and charge the cost thereof to the owner of the premiHes or the owner himself may lay service pipes or sewerR provioed the sanw is done to the satisfaction of the corporation or person appointed by them in that behalf. 12.

The expense incidental to the laying and repamng as hereinafter provided of the service pipes or sewers, if laid or repaired by the corporation, except the repairing of the service pipes or sewers from the main pipe to the outer limit of the street as aforesaid which shall be borne solely by the corpora tion, or of superintending the laying or repairing of the same if laid or repaired by any other person shall be payable by the owner on demand, or if not paid may be collected forthwith in the same manner as water rates: Provided that in no ease shall the expense of superintending the laying or repairing of such service, if laid or repaired by any other person aforesaid, exceed $2.00. 13.

The service pipes or sewers from the line of street to the interior face of the outer walls of the building supplied to gether with all branches, couplings, stopcocks and apparatus placed therein by the corporation shall be under their control; and if any damage is done to this portion of the service pipe or sewer or its fittings either by neglect or otherwise the occupant or owner of the lands shall forthwith repair the same to the

3 satisfaction of the corporation and in default of his so doing whether notified or not the corporation may enter upon the lands where the service pipes are and by their officers, agents or servants, repair the same and charge the same to the owner of the premises as hereinbefore provided. 14. The stopcock placed by the corporation inside the wall of the building shall not be used by the water tenant except in ca:3cs of accident or for the protection of the building or the pipes and to prevent the flooding of the premises. 15.

Parties supplied with water by the corporation may be required to place only such taps for drawing and shutting off the water as are approved of by the corporation. 16.

Any per~on authorized by the corporation for that purpot5e shall have free access at proper hours of the day and upon reasonable notice and request made, or in case of the written authority of a commissioner given or in respect of the' special case without notice to all parts of every building· or other premises in which water is delivered and consumed or which is 8erved by a !"ewer for the purpose ,of inspecting or repairing as aforesaid or for placing meters upon any service pipe or con nection within or without any house or building as they may deem c:xr;cdient; and for this purpose or for the purpose of proteeting or of regulating the usc of such meter may set or alter the pol'ition of the Pame or of any pipe, connection or tap; and may fix the pri<.e to be !=aid for the usc of the meter and tbc time whrn and the manner in which the same shall be rayablc and may altoo charge for and recO\er the expenses of such altrrations aml such price and expense of such alteration may be eollected in the same manner as water rates. 17.

The corporation shall regulate the distribution and use of thP water in all rlaces and for all purposes where the same may be required and from time to time may fix the prices for the vr::c thereof and the times for payments; and they may erect such number of hydrants and in 8uch places as they shall see fit and direct in what manner and for what purposes the same shall be used, all which they may change at their dis cretion and may fix the rate or rent to be paid for the usc of water by hydrants or fire plugs and public buildings. 18.

The sum payable by the owner or occupant of any house, tenement, lot or part of a lot, for the water supplied to him there or for the use thereof, and all rates, costs and charges by this Act to be collected in the same manner as water rates shall be a preferential lien and charge on the house, tenement, lot or part of a lot; and may be levied and collected in like manner as municipal rates and taxes are by law recoverable. 19.

The corporation may from time to time make and en force by-laws, rules and regulations for the general maintenance or the management or conduct of the waterworks and of the officers and others employed in connection with them not inconsistent with this Act and for the collection of the water rates and for fixing the time and times when, and the places where the same shall be payable; and also for allowing a discount for prepayment and in ease of default in payment may enforce payment by shutting off the water or by action in any court of competent jurisdiction, or by distress and sale of the goods and chattels of the owner or occupant or of any goods and chattels in his possession wherever the same may be found within ten miles of the property in respect of which the water

4 rate is payable or of any goods and chattels found on the premises the property of or in the possession of any occupant of the premises; but where the arrears exceed three months no distress shall be made of any goods and chattels which arc not the property of the person liable for the water rate. 20. The distress and sale may be conducted in the same mannN as distrPss sales arc conducted for arrears of taxes and the costs chargeable shall be those payable under

An Act respecting D1.8lre~;s for Rent and extra-judicial Set·zure. 21.

The corporation shall have powN to employ the ordinary collectors and assessors and such other person as in their opinion may be necessary to carry out the objects of this Act and to specify their duties and to fix their compensation and all such persons shall hold their offices at the pleasure of the corporation or as the corporation shall determine by by-law in that behalf; and shall give security as the corporation shall from time to time n'quire; and such assessors and collectors shall have full power in the performance ami enforcement of the matters to them committed as the assessors and collectors of the corporation may by law posse~s and enjoy in respect of municipal taxes. 22.

The corporation shall not be liable for damages caused by the breaking of any service pipeH or attachment in the absene~ or negligPnce or for any shutting off of any water to repair mains: Provided that reasonable notice of the intention to shut ofT the water shall be given whenever the same is intPnded to be shut off for more than six homs at any one time. 23.

The said corporation shall have power and authority to supply with water upon special tNms any person or cor poration outside the town and may exercise all other power:-; necessary ·to the carrying out of their agreement with such corporation or person as well within the suburbs as within the town; and they may also from time to time make and carry out any agreement which they may deem expedient for the supply of water to any railway company, manufactory, industry or im;titution whether government or otherwise within ten miks of tlw corporation. 24.

The corporation may make such by-laws as to the council may seem requisitP for prohibiting by fine not exceeding twenty dollars and costs and in dcfaul t by imprisonment for any term not exceeding one month any person being tenant, occupant or inmate of any house, building or other place supplied with water from the waterworks from lending, selling or disposing of the water thereof, from giving it away or permitting it to be takPn or carried away or from uf'ing or applying to the use or bcndit of othen.; or to any other than his, her or their own US<' and bem'fit or from incrcaf'ing tlw supply of water agreed for with the corporation or from wrongfully neglecting or improperly wasting the wat.N. 25.

And may also make by-laws rq~ulating the time, manner, extent and nature of the supply by the works to the tenement or parties to which and to whom the same shall be furnished the price or prices to be enacted therefor and each and every other matter or thing related to or connected therewith which it may be necessary or proper to direct, regulate or determine in order to secure the inhabitants of the corporation a continued and abundant supply of pure and wholesome water and to prevent the practising of frauds upon the corporation with regard to the water so supplied.

5 261. The amount of the fine, the duration of the imprisonment and also the option between fine and imprisonment shall be in the discretion of the justice of the peace before whom any proceeding may be taken for the enforcement of such by-law. 27'.

In case a petition signed by two-thirds of the resident ratepayers of the corporation qualified to vote on by-laws requiring the assent of the electors is presented to the council of the corporation asking for the construction of waterworks umlPr the powers eonfcned on the corporation by this Act, it shall be the duty of such council to submit a by-law for thr construction of such watcrwork:-; to the vote of the ratepayers of the corporation and such council shall forthwith prepare a by-law directing the submission of the question in accordance with the prayers of the petitioners or in such form as may be approved by the vote of two-thirds of the members of such council and shall submit the same to the vote of the ratepayers within six weeks after the receipt of the petition of the council. 28.

The power of the town council shall not be deemed to be abridged by this Act except as expressly stated herein. 20. The proceedings in taking the vote and the persons having the right to vote shall be the same as nearly as may be as are required by The llfun£cipal Ordinance in case of by-hws creating debts. 30.

If the by-law be approved of by two-thirds of the duly qualified ratepayers voting thereon it shall be the duty of the couneil to pm•s the by-law and forthwith to proceed in the cmlHtruction of the works: Provided always that the council may for any good cause if deemed expedient by a vote of two-thirds of its memben; hold the works in ahcyaneP until after the next general municipal eleetion. · LIGII'l'JNG, HEATING AND POWER WOllKS. 31.

The corporation shall have power to manufacture and supply for the usc of the corporation and of all persons, gas (including natural gas) for heating, cooking and all other pur posPs for which gas can be used and to manufacture and supply electric, galvanic or othc'r artifieial light or heat or power either in connection with gas or otherwiRc, and for these purposes shaH have power to construct, purchase, improve, extend, hold, maintain, managp and conduct any works which they may deem requisite; and shall have power to acquire any patent or other rights for the manufacture or production of any arti ficial light or heat or power; and also to supply, sell or leas<' all fittingt<, machines, apraratus, meter or other things for the purposes aforesaid. 32.

The corporation may sell or dispose of coke, tar and every other product, refuse, or residue obtained in or from their said works and any surplus of coal they may have on hand. 33. The corporation shall have power to rent, purchase or lease such land and buildings as they may deem necessary or advantageous for the purpose aforesaid. 34. The corporation or their servants under their authority may for the purpose of laying down, taking up, examining or keeping in repair the pipes or wires used for conducting the

6 gas, electricity or other means of producing light or heat or power, break up, dig and trench in, upon, through, over and under the highways, streets, lanes, roads, squares and other public passages and places in the corporation; or, with the consent of the owner in, upon, through, over or under any private property; or may upon poles or otherwise conduct such wires and rods along and across such foitreets, lanes, roads, square:; and other public passages and places or, with the consent of the owner, upon private property. 35.

Where there arc buildings within the corporation, different parts whereof belong to different proprietors or arc in possession of different tenants or lessees, the corporation may, with the consent of the owner, carry pipcs, wires, or rods to any part of any building so situate passing over the property of one or more proprietors or in the possession of one or more tenants to convey the gas, clectrieity or other meanH of providing light or heat or power to the property of another or in possession of another. 36. t-luch pipes, win's or rods shall be carried up and attached to the out;,;id<~ of the building unlPss consent is obtained to carry the same in;,;idc. 37.

The corporation may also hrPak up and uplift all passages common to rwighbouring proprictor;,; or tenants and dig or cut tre11dws thercin for the purpose of laying down pip<'S or wire:-; or taking up, or 1'l')Jairing or examining the same, doing as little damagn as may lw in th<:' C'XC'eution of tlw powers hereby con frrred and n'HLoring Htwh passage;,; to their original condition withou1 unnrePHsary delay. 38.

The corporation shall construct gas and other works and all apparatus and appurtenancrs thereunto belonging or ap)Jcrtaining or therewith ('Otllwcted and whcn'socvN ;,;ituated so a:-; uot to endanger the public health or safety. 39.

V\rhere the eorporation has constructed any works for ;,;upplying the town with light, heat or power as hereinbefore provided and where th<:'re is a sufficient supply thereof it shall be the duty of the corporation to supply all buildings within the town situate upon land lying along the line of supplies, upon the same being requested by the owner, occupant or other person in charge of any ;,;uch building, at the customary charges and on the customary terms. 40.

The corporation may from time to time make and enforce all nccrl'sary by-laws, rules ami regulations for the general maintenance and management of all the works eonstructed or maintained under this A(~t; and of the officers or others employed in connection with them; and for the collection of the rates and charge:-; for supplying gas, or electricity or other means of pro viding light or heat or power hrreunder and for the rent of fittings, machinrs, apparatus, meters or other things lem;cd to consumers; and for fixing such rates, charges and rentfi; and the times and places when amJ where the same shall be pay able; aml the corporation may allow for prepayment or punctual payment such discount as they may deem expedient. 41.

The sum payable by the owner or occupant of any house, tenement or building for the light, heat or power supplied to him there, or for the use thereof, and all rates, costs and charge::-; by this Act to be collected in the same manner as taxes shall be a preferential lien and charge on the house, tenement or building, and may be levied and collected in like manner as muni cipal rates arc by law recoverable.

7 42.

Where any consumer continues the use of gas or other Jneans of providing light or heat or power furnished by the corporation or the corporation lawfully refuses to continue any longer to supply the same the officers and servants of the coi'poration may at all reasonable times enter the premises in or upon which consumer was supplied with gas or the means of providing light or heat or power for the purpose of removing therefrom any fittings, machines, apparatus, meters, pipes or other things being the property of the corporation in or upon such premises and may remove the same therefrom doing no unnecessary damage. 4l3.

The said corporation shall have power and authority to supply with gas (including natural gas) for heating, cooking and all other purposes for which gas can be used, electric, gal vanic or any other artificial light or heat or power, either in connection with gas or otherwise upon special terms any person or corporation outside the town and may exercise all other power necessary to the carrying out of their agreement with such corporation or person as well within the suburbs as within the town, and they may also from time to time make and carry out any agreement which they may deem expedient for the ::mpply of such light, heat or power to any railway company, manufactory, industry or institution whether government or otherwise within ten miles of the corporation.

GENERAL. 4:4. The corporation shall do as little damage as may be in the execution of the powers by this Act granted to them and Hha.ll make reasonable and adequate satisfaction to the owners, ocwpers or other r:ersons interested in the land, waters, rights or privileges entered upon, taken or used by the corporation or injuriously affected by the exercise of its powers; and in ca~e of disagreement the compensation or damages shall be ascertained as provided in like cases in The Municipal Ordi nance. 45.

The attempt to collect any rates by process hereinbefore mentioned shall not in any way invalidate the lien on the premi ses as hereinbefore provided.

In the event of the rate remaining uncollected and unpaid and continuing a lien upon the said premises as aforesaid the amount of the rate so in arrears shall be returned by the col lectors to the secretary-treasurer or clerk of the town annually on or before the eighth of April, in each and every year or such other time as may be fixed by the corporation by-laws in that behalf; and the same together with interest at the rate of six per centum per annum thereon shall thereupon be collected by the secretary-treasurer or clerk by the sale of the laml:,; and premises in the same manner and subject to the same pro visions as in case of the sale of lands for arrears of municipal taxes for the time being. 46.

The corporation ami their officers, agents and servants shall have the like protection in the exercise of their respective offices and the execution of their duties as public officers have under the laws of the province and the watchmen and other officers of the corporation when in the discharge of their duties shall be ex officio possessed of all the powers and authorities of constables. 47. All materials procured under contract with the corporation and upon which the corporation shall have made advances in accordance with such contract shall be exempt from execution.

8 48. The lands, buildings, machinery, reservoirs, pipes, poles, wires, rods, meters, fittings and all other real or personal pro perty connected with or appertaining or belonging to any work under this Act shall be exempt from taxation for civic, school or other purposes. 49. No property owned by the corporation under the authority of this Act shall be liable to seizure by way of distress for rent. 50. The corporation may dispose of any real or personal property acquired by them for the purpose of this Act when no longer required and until sold may rent or lease the same.

Any property so sold shall be free from any charge or lien on account of any debentures or other securities issued by the corporation; but the proceeds of the sale shall be added to aml form a part of the fund for the redemption and payment of any such securities constituting a charge thereon but may be reinvested in similar property under the authority of this Act which ~mbstituted property shall immediately upon its being acquired be and become subject to such securities as the property sold was subject to; or should uo such securities then exist then the said proceeds shall form part of the general fund of the corporation· and may be applied accordingly. 51.

In ease credit is given for any portion of the purchase money of such real property the corporation may take security by way of mortgage to secure the same; and the corporation shall have all the rights, powers or remedies expressed in or implied by any mortgage given as fully as if the mortgage had been given to a private person; and every such mortgage and the proceeds thereof shall be subject to the provisions of the preceding section. 52.

No member of the town eouneil shall personally have or hold any contract in connection with any works under this Act or be directly or indirectly interested in the same or any of them; but no person shall be held to be disqualified from being elected or sitting as a member of the council of the corporation by reason of his being a taker or consumer of water, light, heat or power supplied by the corporation or by reason of any dealing or contract with the corporation with reference to the supply .of water, light, heat or power to such person. 53.

All persons and corporations who shall by themselvrs, their servants or agents by act, default, neglect or omission oc casion any loss, damage or injury to the public works constmcted under the provisions of this Act or to any plant, machinery, fitting or appurtenances thereof shall be liable to the corpor ation for or in rel'pect of such damage, losH or injury and damage~; in respect thereof may be recovered by the corporation in any court of competent jurisdiction. 54.

The corporation may purchase or lease any works con structed for the supply of water, light, heat and power within or in the neighbourhood of the corporation and being the pro perty of any person or company and under the provisions olf this Act may improve or extend such works. 55. If any person does or commits any of the following aets: 1.

Wilfully or maliciously hinders or intermpts or causes or procures to be hindered or intermpted the said corporation or their managers, contractors, servants, agents, workmen or any of them in the exercise of any of the powers and authorities in this Act authorized and contained;

9 2. Wilfully or maliciously lets ofT or discharges water or gas so that the same runs waste or useless; 3. Not being in the employment of the corporation and not being a member of the fire brigade and duly authorized in that behalf wilfully opens or closes any hydrant or obstructs the free access of any hydrant, stopcock, chamber pipe or hydrant chamber by placing on it any building material, rubbish or other obstruction; 4.

Throws or deposits any injurious, noisome or offensiv0 matter into the water or waterworks or upon the ice in case sueh water is frozen or in any way fouls the water or commits any wilful darnage or injury to the works, pipes or water or encour ages the same to be done; 5. \Yilfully altcnl any meter placed upon any service pipe or connected therewith within or without any house, building or otlwr place so as to lessen or alter the amount of water, gas or electricity registered thereby unless specially authorir.cd by the corporation for that particular purpose and occasion; (i.

Cays or causes to be laid or attached any pipe or win~ or rod to communicate with any pipe or main or wire or rod of the works or in any way obtains or uses any water, gas, or electricity thereof without the consent of the corporation; 7. \\'ashes or cleanses cloth, wool, leather, skin or animal:-; or places any nuisance or offensive thing within the distance of one mile from the source of supply for such waterworks in any river, pond, neck, spring, sourc~e or fountain from which the water of the waterworks is obtained or conveys, casts, tlu ovvs or puts any filth, dirt, dead carcass or other noisome or offcnf'ive thing therein or within the distance as above set forth, causes, permits, or f'Uffers the water of any sink, sewer or drain to run or be corn eyed in the same or cawses any other thing to be done whereby the water therein may be in any way tainted or fouled; And if such person is convicted of such act before a justice of the peace he shall for every such offence forfeit and pay a :;,um not exceeding twenty dollars and not less than one dollar together with the costs and charges attending the pro ceedings and convietion and in default the offender may be im IH isoned for a period not exceeding thirty days. 56.

The penalties in money under the last preceding

section or any portion of tht'm which may be recovered shall be paid to the convicting justice; and by him paid one-half to the trea surer of the corporation and the other half to the prosecutor unless the prosecutor is the officer or servant of the corporation in which u•se the whole of the penalty shall be paid to tlw corporation. 57. Any civic public work provided for in this Act may be construeted, built, purchased, improved, extended, held, main tained, managed and conducted eithrr separately as distinct undertakings or in conjunction as one entire undertaking. 58.

It is hereby provided that any public work or works constructed or acquired under this Act and all lands acquired for the purpose thereof, and every matter and thing apper taining thereto and all revenues derived therefrom shall be held to be entirely separate from all other assets of the corporation and shall not be liable for any debt of the corporation hereto fore or hereafter contracted by the corporation on the credit of the corporation at large, and such public work or works, lands, appurtenances and revenues shall be and are hereby specially charged with the repayment of any sum or sums of money which may be borrowed at the credit thereof by the

10 corporation for the purposes thereof, and for any debentures which may be issued therefor; and the holders of such securities shall have a preferential lien and charge on the said works, lands, appurtenances and revenues for the securing of the repayment of the same and the interest thereon irrespective of the order in which the same arc issued . . 59.

After the construction of the works all the revenues arising from and out of the supplying of water, light, heat or power or from the real and personal property connected with the works to be acquired by the corporation under this Act ;,;hall, after providing for the expenses attendant upon the maintenance of the works and after payment of the amount payable for principal ami interc:::;t or sinking fund and intere:::;t up to the end of the then current year shall year by year be transferred to and form part of the general funds of the cor poration aml may be applied accordingly. ~50.

In the event of default being made in the payment of any portion of the moneys so borrowed or the interest thereon the holder or holders of such debentures shall be at liberty as often as such default shall happen and shall have continu~d for the space of twelve months but without prejudice to the jurisdiction of any competent court to interfere before the expiration of f,uch JWriud to enter upon, and take possession ·of the public work or \Vorks, lands and appurtenances and operate the same un Lil all arrears of principal and interest and the reasonable costs and eX"pcm;es of taking possession and of operating the f-'amc shall be fully raid and may upon such terms as any com petent court or a judge therefor may order, advertise and sell the said pu biic work or works, lands and appurtenances by public auction and apply the proccedR of such sale in repayment of the moneys so borrowed and interest and costs am! expenses, and the balance if any remaining after such payment :-;hall be paid over to the corporation. fil.

The purchaser or purchasers on any such sale and their assigns shall have and possess and may exercise all the rights, powers, privilrges and franchises relating to the construction, maintenance, working and conduct of the work or works which arc by this Act conferred upon the corporation subject to the right of the corporation to resume the ownership thrreof at the expiration of ten years from such sale on giving six months' notice am! on paymrnt within six monthR after Rueh period of ten years at a valuation to be ascertained by arbitration subject to the assent of the ratepayers as in the case of the original ccncotn:etion or r-urch&se of the t'aid works.

H2. In case the corporation fails to exercise the right of resum ing the ownership of the public work or works at the expiration of the said period the corporation may similarly exercise such right at the expiration of any fifth year thereafter upon giving one year's notice to the purchasers or their assigns. (]i3.

It iR hereby deelared that the powers of borrowing and issuing of debentures in this Act provided for are not to be accounted as diminishing the powers of the corporation to borrow and issue debentures conferred by The Municipal Ordinance nor are they to be taken as restricting the power of the corpor ation to borrow and issue debentures on the credit of the cor poration at large under The Municipal Ordinance within the limit of amount therein provided for, for the purpose of con stmcting or purchasing any public work or works or assisting thel'Cin; and in borrowing for the purpose aforesaid or for the

11 purpose of constructing a system of sewerage in connection with a system of waterworks the corporation in borrowing whether under the provisions of this Act or of The Municipal Ordinance may extend the time of payment for any term up to forty (40) years. &l. Debentures issued in pursuance of a by-law passed under the authority of this Act may bear any date provided such date be within four years from the date of the final passing of the by-law, and may be made payable in such manner that for the first five years succeeding their date interest only shall be payable. 61).

And where a system of waterworks has been established and it is proposed to extend the said system it shall not be necessary to obtain the assent of the ratepayers to the passing of a by-law for raising the cm;t of such extension though such cost is to be wholly or partially borne by the municipality at large. 643.

For the purpose of assisting in the payment of any deben tures issued for the purpose of waterworks constructed or acquired under the provisions of this Act and the interest thereon it shall and may be lawful for the corporation to provide by by-law for the assessment and collection of a special tax or rate in each year not exceeding four mills on the dollar upon the several properties according to the assessed value thereof fronting or abutting on the street in, through and along which the waterworks mains are laid, as well as all other properties which may enjoy the advantage of the use of the water from the said main distant not more than three hundrrd feet there from for the purpose of protection against fire, whether the owners or ratepayers thereof use the water or not for general 1jurposes to meet the yearly interest upon any debentures issued for the purposes of the said waterworks, and the annual instalment of principal or the annual amount of payment to the sinking fund for the payment of the principal thereof pro vided that the collector of taxes upon the production by the owner or occupant using said water of the receipt for payment of the rent chargeable for the use thereof during the year or such proportion thereof as equals such special tax shall remit · or a.llow to such owner or occupant the amount so paid as a payment pro tanto on account of the special tax authorized to be levied by .this section. 6~1 • The corporation may itself or by its officers exercise and enjoy the powers, rights, authorities and immunities hereby conferred upon it or the council either before the commence ment of the works or at any time while they arc in the course of construction or after their completion by by-law provide for the appointment of one or more commissioners for such pur pose. 68.

The council by bylaw may appoint one or more commis sioners (in which case the mayor shall be a commissioner ex officio) and may by by-law delegate to the commissioners all or any of the powers, rights and authorities in this Act vested in the corporation other than legislative powers. 6!ll. No commissioner shall be appointed except by by-law passed by a vote of at least two-thirds of all the members of the council. Appointed commissioners shall hold office during the pleasure of the council but shall not be dismissed except by by-laws passed by a vote of at least two-thirds of all the members thereof.

12 70. The council shall fix the annual salary to be paid to each of the commissioners including the mayor, and the salaries so fixed ~h~ll be decreased during the tenure of office of any such commissiOner. 71. Every commissioner shall before taking office give such secu~ity for the performance of his duties as the council shall reqmre. 72. No commissioner shall personally have or hold any con tract in connection with the said works or be directly or indir ectly interested in the same or any of them. 73.

The commissioner or commissioners shall keep or cause to be kept separate books and accounts of the receipts and disbursements for and on account of the works di~ tinct from the books and accounts relating to the other property, funds or assets belonging to the works; and all such books shall be open to the examination of any person appointed for that purpose by the council. 74.

The commissioner or commissioners on or before the 15th day of January in each year or upon such other day as the council may name :;;hall cause a return to be made to the council <'ontaining a statement of the affairs of the works which shall shoW the amount of the rents, isRUeS and profits arising from the works aml the number of consumers during the previous y( ·ar .: the extent and Yalue of the moYealJle and immovea!Jle property belonging to the works; the amount of debentures then issued and rL;maining unredeemed and uncancellcd and the interest paid thereon or y<'t due and unpaid and the :;;tate of the sinking fund; the (•xpenses of eolkction and management and all other contingencies; the salaries of officers and servants; the cost of repairs, improvements and alterations; the price paid for the a('quisition of any real estate that may have been acquired for the Ui"C of the work:;;; and generally such a statement of the revenue ami expenditure of the works as will at all time afford to the ratepayers a full and complete knowledge of the state of affairs of the works. 75.

The eommil"sioner or commissioners shall also from time to time furnish such information as may be required by the council. 76. All accounts relating to the works shall be audited by the auditor for the corporation in regular course and the com missionrr or commif'f'ionrrs and all the officers shall furnish to the <lfficer~ such information and a:;;sistance as may be in tlwir power to rnable the officers to properly audit such accounts. 77.

The commissioner or commissioners and the clerks rmployed in their revenue Rervicc Rhall be sworn before a justice of the peace for the faithful performance of their duties; the commiRsioner or commissioners shall keep a book for the pur pose of recording the whole of their official proceedings and such book shall be open for inspection in the same manner as the books mentioned in

section 99. 78. The corporation may, besides the other remedies for col lection provided in this Act, discontinue to supply light, heat, water or power to any consumer who has not paid the sum owing by him for such service when the same is due and payable and shall have the power to require any consumer to depo:;;it in advance with the corporation such sum as the said corporation

13 may deem necessary to secure the payment of the rates, costs and charges of such consumer for one month in advance, and if any consumer after demand made for such deposit neglects or refuses to make the same the corporation may refuse to supply him with such service or if the same be already supplied may dbcon tinue such supply. 79. By-law No. 108 of the Town of Camrose as set forth in

schedule A to this Act is confirmed and declared legal, valid and binding upon the said corporation and the ratepayers thereof to all intents and purposes and from the time of passing thereof notwithstanding any want of jurisdiction, power or authority on the part of the said corporation to pass the said by-law and notwithstanding any defects or errors in substance or in form of the said by-law or in the manner of the obtaining the assent of the ratepayers thereto or notwithstanding sueh assent may not have been obtained or in the manner of passing of same and each and all of the debentures issued or to be issued there under, arc hereby declared valid, legal, and binding upon the said corporation and the ratepayers thereof and the said Town of Camrose shall be bound to pay each and all of the said deben turC's therein stated, and the said corporation is hereby author: izcd and empowered to do all llC'CC'ssary acts for the full and propC'r carrying out of the said By-law No. 108.

The provisions of sC'ction G3 of this Act shall apply to said By-law No. 108, and in borrowing for the purposes mentioned in said by-law, the corporation may extend the time for repayment of any term up i.o forty years, and that the debentures issued or to be i;;sued for the said sum of eighty-three thousand dollars may be made payable at the C'xpiration of forty years from the date of thC' by-law taking C'ffc<'t, and that the sum of seventeen thousand dollars or th('reabout;; mentionC'd in said by-law as proposed to lw rail:'.ed by special frontage assessment or speeial local benl'fit 31-'se:-mtent upon the lots or other Jlortions of laml fronting or a butting on, or otherwise served or benefitted by the said sewer may be raised by way of a loan, and may be miscd in the manner vropof'ed in said by-law and that debenture;; may be if'~ued for the said sum of seventeen thousand dollar;; or tlwreabou t;; to be repaid at the expiration of forty years from the date of tlw by-law authorizing the issue of the same. 76.

The corporation is authorized to borrow from any bank, person or body corporate, by way of a special account for a period of five years, money for the purpose of installing water works and sewerage in the premises of the citizens at current rates of interest, and to make all necessary contracts aml agree ments with any dtizen that the money expended for installing watctwotks and sewerage as aforPsaid, aiHl the interest in res pect thereof Hhall be repaid to the corporation in five equal aggregate yearly sums.

SCHEDULE A. BY-LAw No. 108 oF THE TowN oF CAMIWSE. A By-law of the Town of Camrose to raise the sum of eighty three thousand dollars for the purpose of constructing and laying a Municipal Waterworks System and Sewers of the said Town of Camrose, and to issue debentures for the said sum, and to provide for the assessment and col lection of the sum necessary to pay said debentures.

Whereas the municipal council of the Town of Camrose deem it expedient that a system of waterworks and sewers be eonstmcted within the corporation of the Town of Camrose and in the neighbourhood thereof; And

whereas M. A. Maxwell, civil engineer, engaged by the municipal council for that purpose has prepared plans and specifications for said system of waterworks and sewers, and has estimated that the cost of constmcting a system of water works and sewers extending over certain portions of the cor poration, and of the neighbourhood thereof, is, of the water works fifty-four thousand dollars, and of the sewers forty-six thousand dollars, making a total of one hundred thousand dollars; And

whereas the said municipal council have submitted the said plans and specifications and an analysis of the water to the provincial board, and have received the certificate required by The Public Health Act, which said plans and specifications may be seen at the office of the said M.A. Maxwell, at Camrose, Alberta; And

whereas it is proposed to constmct the said system of sewers as a local improvement, and to raise by special frontage assessment or special local benefit assessment upon the lots or other portions of land fronting or abutting on, or otherwise served or benefited by the said sewers, the sum of seventeen hundred dollars or thereabouts, leaving a balance of twenty nine thousand dollars or thereabouts, provision for the raising of which is made by this by-law; And

whereas it will be necessary for the purpose aforesaid to raise the sum of twenty-nine thousand dollars in respect of the propot'ed system of sewers by a loan on the credit of the corporation at large, and the sum of fifty-four thousand dollars in respect of the proposed system of waterworks, by a loan on the credit of the corporation at large; Aml

whereas it is expedient that the time of repayment of the proposed indcbtedneEs of eighty-three thousand dollars should be extended over a period of twenty years and that the said indebtedness should bear interest at the rate of 5 per cent. per annum, and that the debentures to be issued in pursuance of this by-law shall be dated as of the actual date of the issue thereof, and shall provide for the repayment of the principal of tlhe said indebtedness, and the interest in respect thereof in equal aggregate yearly sums, during the said period of twenty years, within which the said indebtedness and interest is to be discharged; And

whereas the value of the rateable property of the Town of Camrose, according to the last revised assessment roll is the sum of $1,539,711.00. And

whereas the amount of the existing debt of the Town of Gamrose, outside of debts due for the current expenses of the year is the sum of $68,594.48 whereof no

part is in arrear; And

whereas the amount required to be raised annually by special rate during the currency of the said debentures for paying the principal and interest on eighty-three thousand dollars is six thousand, six hundred and sixty dollars and thirteen cents ($6,660.13); And

whereas it is expedient that this by-law should take effect on the 22nd day of April, A.D. 1911;

Now therefore the council of the Town of Camrose enacts as follows: 1. It shall and may be lawful for the council to construct a waterworks plant, and to raise by way of a loan the sum of $83,000.00 for the purpose of constructing and laying a system of waterworks and sewers in the Town of Camrose, aforesaid.

15 2. That debentures be issued for the said sum of $83,000.00 to be payable at the expiration of twenty years from the date of this by-law taking effect, and that coupons shall be attached to the said debentures for the payment of interest on each debenture respectively at the rate of five per centum per annum, and the principal of the said debt and the interest with respect thereof shall jjt! paid in equal aggregate yearly sums during thE~ said period of twenty years. ~l.

That tl).e debentures shall be sealed with the corporate seal and these shall be signed by the mayor and secretary ··· treasurer of the said town, and shall be payable in Canadian cunency at the Merchants. Bank of Canada, Oamrose, Alberta. 4.

That in addition to all other amounts there shall be levied and collected in each yc.ar during the currency of the said debentures, on all the rateable property in the said .town, at the. same. tini~ and in the. same manner as the ordinary general municipal. taxes, a sum sufficient to meet the amount or the annual instalment of principal and interest in each year in respect of tlie said debmitures. This by-law shall take effect on the 22nd day of April, ;A.D. 1911.

The votes .of the electors for and against this by-law shall ... be taken in the Town Hall in the Town of Camrose, on Friday, the 21st day of April, A.D. 1911, between the hours of nine o'clock in the forenoon and five o'clock in the afternoon. 0. 13. Olson ic; hereby appointed returning officer to take the votes at the time and place aforesaid. At the Eaid town hall at the hour of six of the clock in the aftrrnoon, of the mid 21Ht day of April, A.D. 1911, the said returning officer :-hall sum up the number of votes given for and against this by-law.

The mayor of the said Town of Camrose shall attend at the said town hall at the hour of nine o'clock in the forenoon on the said ~hd day of April, A.D. 1911, and shall upon proper application made to him by a.ny person interested in, promoting or opposing the passage of this by-law, authorize the attendance of one person on behalf of such party applying to the said polling place, and of the final summing up of the votes. Passed provisionally in council at Camrose, this 30th day of March, A.D. 1911. (Sgd.) F. P. LAYTON, Mayor. (Sgd.) 0. B. OLSON, Secretary- Treasurer.

Finally passed m council at Camrose, this 26th day of April, A.D. 1911. (Sgd.) F. P. LAYTON, Mayor. (Sgd.) 0. B. OLSON, Secretary- Treasurer. NOTicE 'ro THE ELEC'rons oF THE TowN oF CAMROSE.

The above is a tru~ copy of a proposed by-law which will be taken into consideration by the municipal council of the Town of Camrose, after being voted on by the electors and is first published this 30th day of March, 1911, in "The Camrosc Canadian" and the votes of the electors thereon will be taken on the 21st day of April, A.D. 1911, between the hours of nine o'clock in the forenoon and five o'clock in the afternoon at the Town Hall, Camrose. (Sgd.) 0. B. OLSON, Returning Officer.

No. 11 IHIRD SESSIVN SECOND LEGISLATURE 2 GEORGE V 1911 BILL

An Act respecting the Town of Camrose. Received and read the First time ................... . Second time ................. . Third time .................. . GEo. P. SMITH EDl\10!\'TON: .JAMES E. RICHARDS, Government PrintN A.D. 1911 Title: 1911 (2nd, 3rd) Bill 11,

An Act respecting the Town of Camrose

Document details

Collection	Alberta — Bills
Citation	L2 S3 10716
Type	bill
Volume / chapter	L2 S3 10716
Language	en
Format	json
Source	PROVINCIAL
Identifier	e32688b35a2277037c1d41e0611baac62beb789e

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