Bill 67 (Legislature 7, Session 4)

L7 S4 8655

Alberta — Bills

Bill No. 67 of 1934. A BILL RESPECTING THE UNITED IRRIGATION DISTRICT. NOTE. This Bill makes special provision for the distribution of the proceeds of sale .of land situate in a municipal district which is sold as a result of rate enforcement proceedings under The Irrigation Districts Act taken by the United Irrigation District.

If the proceeds of sale and any revenue from a parcel received by the irrigation district on account of rentals or otherwise is insuft1cient to pay in full the claims .of the irrigation district for rates and the municipal district for taxes, the same are to be distributed rateably after payment of the costs and expenses incurred in the rate enforcement proceedings, and the moneys received by the irrigation dis trict and the municipal district are deemed to be received on account of rates or taxes, as the case may be, and to be subject to any charge affecting those rates or taxes, as the case may be. R.

ANDREW SMITH, Legislative Counsel. (This note does not form any part of the Bill and is offered merely as a pa1,tial explanation of some of its pTovisions.)

BILL No. 67 of 1934.

An Act respecting the United Irrigation District. (Assented to ,1934.) 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 United Irrigcdion Dis trict Act." 2.

Upon the sale by the United Irrigation District, an irrigation district formed pursuant to The Irrigation D,is tricts Act, under or as a result of rate enforcement proceed ings taken under the said Act, of any parcel of land whiCh is situate within a municipal district, in case the proceeds of sale of that parcel and any revenue derived therefrom by the irrigation district on account of rentals or otherwise, are insufficient to pay in full the. costs and expenses of and incidental to the rate enforcement proceedings and the sale and the total amount due to the irrigation district for rates, together with penalties thereon, and the total amount due to the municipal district for taxes, together with penalties thereon, the proceeds of sale and any revenue derived there from by the irrigation district shall be distributed by the irrigation district as follows: Firstly, in payment of the costs and expenses incurred in the rate enfDrcement proceedings; and Secondly, the balance of the proceeds then remaining shall be rateably divided between the irrigation district and the municipal district in the proportion which the claim of either district bears to the aggregate of the claims of both dis tricts, and the amount distributable to the municipal dis trict shall be paid to the municipal district accordingly. 3.

The net income derived by the irrigation district from any parcel in the municipal district subject to or vested in the irdgation district by virtue of rate enforcement proceed ings and the portion of the proceeds of sale of the parcel distributable to the irrigation district pursuant to

section 2 of this Act shall be deemed to have been received by that district on account of the rates for the time being accrued due in respect of the parcel and shall be subject to any charges affecting those rates, and the portion of the proceeds of sale of the parcel and any revenue derived therefrom distributable to the municipal district pursuant to

section 2

2 of this Act shall be deemed to have been received by that district on account of the taxes for the time being accrued due in respect thereof, and shall be subject to any charges affecting those taxes. 4.

The i~rigation district shall not sell any parcel of land under or as a result of rate enforcement proceedings with out the consent of the Irrigation Council in writing, which consent shall not be given in any case in which the Irriga tion Council deems the price to be inadequate, or that for any reason it is not desirable having regard to the interests of the purchaser or of the district or the public at large that the sale should not be made;, and any sale made in con travention of the

section shall be null and void and of no effect. 5.

The Irrigation Council may from time to time prescribe the manner in and conditions under which the irrigation district may sell under or as a result of rate enforcement proceedings any land in the municipal district, and 'Without -restricting the generality of the foregoing, may prescribe conditions as to the kind, manner and extent of the farming operations which may be carried on upon the land and pro hibiting or restricting any farming operations specified therein; and every condition so prescribed and in effect at the time of the sale of any parcel shall be binding upon the purchaser of the parcel and his successors in title and shall be enforcible by the irrigation district as if upon, the trans fer of the parcel by the ir6gation district the purchaser had entered into an express covenant, running with the land, with the district to perform and observe each and every of the said conditions. 6.

In the case of any conflict arising between any of the provisions of this Act and any of the provisions of The lTrigntion Districts Act or of The Municipal District Act, the provisions of this Act shall prevail. 7. This Act shall come into force on the day upon which it is assented to.

No. 67. FOURTH SESSION SEVENTH LEGISLATURE 24 GEORGE V 1934 BILL

An Act respecting the United Irrigation District. Received and read the First time .............................................................. . Second time ................ . Third urne........................ . ....................... . HON. MR. BROWNLEE EDMONTON: w. D. McLEAN, KING'S PRINTER 1984 Title: 1934 (7th, 4th) Bill 67,

An Act respecting the United Irrigation District

Document details

Collection	Alberta — Bills
Citation	L7 S4 8655
Type	bill
Volume / chapter	L7 S4 8655
Language	en
Format	json
Source	PROVINCIAL
Identifier	ea268fa5a2fedf45b5d371b9fda370fd56baabc8

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