Bill 15 (Legislature 4, Session 4)

L4 S4 10054

Alberta — Bills

BILL No. 15 of 1921.

An Act to amend the _Acts constituting The Edmonton Charter and to validate By-law No. 42, 1920,, of the City of Edmonton, as amended by By-law No. ~b5, 1920. (Assented to ' 1921.)

WHEREAS a petition has been presented by the City of Edmonton for the amendment of The Edmonton Charter and for the validation of By-law No. 42, 1920, of the City of Edmonton; And

Whereas it is reasonable that the prayer of the said petition should be granted: Therefore His Majesty, by and with the advilce and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: The Edmonton Charter is hereby amended- 1. By adding to

section 43 the following proviso: "Provided, however, that it may be a condition of theCommiaaionen f ' ' h h h 11 ' h 't to have and engagement o any commisSIOner t at e s a give t e CI ygivethere , three months' notice before retiring from OffiCe and the monthS 'nOtice council may agree that he shall not be dismissed without receiving three months' notice, except the dismissal be for good cause satisfactory to the council." 2. By striking out of paragraph (

a) of

section 84 :tSSection84 printed in

section 2 of

chapter 42 of the Statutes of Alberta, =~jed 1920, the words "have for six months immediately pre ceding the first day of June in the year for which the list is being prepared," and by substituting therefor the words "have since the first day of December then next preceding." 3. By striking out paragraph (

b) of

section 84 as printed in

section 2 of

chapter 42 of the Statutes of Alberta,1920, and by substituting therefor the following: " (

b) All persons both male and female, being British ~ification subjects by birth or naturalization, of the full age of twenty-~~= one years, whose names appear on the last revised assess- ment roll or rolls and reside within the city or who residing within thirty miles from the city apply to have their names placed upon said list as hereinafter provided."

2 4. By striking out subsection 3 of

section 85 as printed in

section 2 of

chapter 42 of the Statutes of Alberta, 1920, and by substituting therefor the following: "

(3) The assessor· shall also place on said list of electors Person~ f . d d h appeanng on the names o such persons as are quahfie un er paragnap as&e~ement (

b) of

section 84, who reside within the city, together with:::i~~~~pon the names of such persons who reside within thirty miles voters: hat from the city and who in writing request their names to be placed on such list. The names of any sueh persons may be placed on the list for any polling subdivision that the assessor shall see fit.

In case the assessor cannot readily ascertain whether or not any person assessed is a British subject, he shall opposite the name of such person write the word 'Swear,' and in case any such person shall tender his vote the officer presiding at the poll shall ad minister to him the following oath: "'Youswear (or solemnly affirm) that you are a natural born (or naturalized) subject of His Majesty, of the full age of twenty-one years, and that you are the person named ·(or intended to be named) by the name of. . . . ... ·. . . . in the voters' list now shown you (showing list to the voter).' " 5. By striking out of

section 102 the words "within Time within forty-eight hours" where the same occur therein, and by ~~da~ substituting therefor the words "before ten o'clock in the ::',::~n~~~re forenoon of the day." 6. By adding to

section 221 the following subsection: "

(7) The council may also pass by-laws prescribingPowrr~ the space to be left vacant about buildings, limiting the~~d t!p~ce number and nature of buildings to be erected on any lot ~iW:.;Y or parcel of land having regard to the nature and situation of the land, and for such purpose may divide the city into zones or districts and may make any such by-htw or any part applicable to any particular zone or district or to any street or part thereof." 7. By adding to the principal

section of

section 251 as amended by .section 9 of

chapter 52 of the Statutes of Alberta, 1918, the following: "or who is assessed on the business assessment roll and who by virtuef:~~~ of such assessment pays or is liable to pay a business bu:!nt or tax in respect of a business assessment of $500 ~or over or more and who at the time of the making of the list of ~~rgesses burgesses is still carrying on within the city the business in respect of which he is assessed or some other business of an assessable value of $500; provided that where more than one person is assessed in respect of a business assess- ment of $500 or more the name of only one of such persons, being the first in order or such other one of their number as shall be named in writing signed by all of them and filed

3 annually with the assessor before the date of the court of revision by the council, shall be placed on the list of burgesses.'' 8. By inserting after the word "may" in line three of=~d~308

section 308 the words "from time to time as long as anyaiv~ng'Utwertto such debentures are unsold," and by inserting after the~bl.l:reseca e word "hypothecate" in line five thereof the words "and re-hypothecate"; and by inserting after the word "loan" in line five thereof the words ''notwithstanding that any such loan may be of a refunding nature for the purpose of repaying in whole or in part a previous loan on such debentures or some of them, and that at the time of such refunding loan the said debentures or some of them are hypothecated to secure a previous loan then outstanding and unpaid"; and by adding after the word "ilssued" in line seven thereof the words "or in the repayment in whole or in part of a previous loan made on such debentures." And it is hereby declared that the said

section as hereby Power to be d d h 11 b k h I b . f retroactive amen e s a e ta en to ave a ways een m orce, and that the said amendments hereby made shall be deemed to have always formed a part of the said section. 9. By adding to

section 320 the following subsection: "9. All lands acquired by the city through forfeiture Lan~s or sale for arrears of taxes from and after the year in which ~~~ul:";1~! the city has obtained title thereto and thereafter until ~~e:,~~ ~m the sale thereof by the city; provided any occupant oftaxatiOn · any such land shall be assessable in respect of bjs interest therein. But the said lands shall nevertheless be liable to be assessed for local improvements." 10 •. By inserting in

section 321 as amended, the following: "

(2) In estimating the value of any land no rE•gard shall Pri~ obtail)erl , , ' by City for ItS be had to the pnce at which any land or lands owned by ~nd~ro~ to r the city and being adjacent to or in the vicinity of the val~~ enon ° land being assessed has or have been sold or offered for sale by the city." 11. By inserting in

section 347 the following subsection: "(6a) The price at which the city has sold or offered for Pri~ obtail)ed 1 l d d b . . d b . d' . by c1ty for 1ts sa e any an owne y It an emg a Jacent to or m la!'d !'otto be th ' ' · f l d ' f h' h l cntenon of e VICinity o any an m respect o w 1c an appea value is being heard by the commissioners, the council or a judge shall not be or be received as evidence of the v:due of the land in regard to which an appeal is being heard.'' 12. By adding to

section 547 the following subsection: " ( 4) In assessing land having any buildings thereon the How buildings value of the land and buildings shall be a-scertained ~<;.,:sed separately and shall be set down separately in the assess- ment roll either in the same or separate columns and the assessment shall be the sum of such values.

4 "In case any land and the buildings thereon are owned by different persons the buildings shall nevertheless for the purpose of assessment be considered part of the land and the separate owners may be assessed jointly or any owner may be assessed for the sum of such values." 13.

In case. the city, the Edmonton Hospital Board, or City malt the Edmonton Board of Public Welfare shall have furnished:er rom any relief for any indigent person not a resident of the city ~i~lpalittea or for the care and treatment of any person not a resident ~ag::;r,;::: of the city and in case such person shall not have repaid or fully compensated the city or the board furnishing such relief, care or treatment within three months from the furnishing of the same, the city may demand, coUect and recover by action the actual expense incurred from the municipality of which the person was a resident at the time of the granting of such relief, care or treatment.

For the purposes of this section, "resident" means any person who has had his home in the city for at least three successive months prior to the date he re1~eives or commences to receive relief, care or treatment, and the fact that he may have been temporarily in the city for said period of three months shall not constitute him a resident of the city. 14.

Whereas the city has at various times borrowed by Permittinf means of the issue of debentures certain sums on capital ~!".".:!:r: 0 account for the doing of the works therein set forth and the =o:Spttat said works have not been proceeded with either in whole;:'!ta~itat or in part or have been completed for less than the estimated account cost and there is now at the credit of capital account the sums f<;>llowing:

5 BY-LAW OBJECT 552 Fire Department Equipment ........ . 556 Fire and Police Station .............. . 75 Grand Trunk Pacific Rly.

Right-of· way Lands ................... . 303 Industrial Sites ................... . 511-521 Local Improvements-Boulevards (Special) ..................... . 510 Local Improvements-Concrete Walks (Special) ..................... . 521 Local Improvements-Plank Walks (Special) ..................... . 511-521 Local Improvements-Street Grading (Special) ..................... . 513-521 Local Improvements-Street Grading (Special) ..................... . 512 Local Improvements-Street Paving (Special) ..................... . 507 Local Improvements-Paving lOth St. (Special) ..................... . 189 Market Site, South Side ............ . 465 Market Building lOlst St .......... . 270 Nuisance Ground ................ ~ .. 395 Police Department Buildings ........ . 564 Police Department Furniture ....... . 323 Private Plumbing (Part Only) ...... . 312 Parks Department-Old City Hospital Site ........................ . 559 Parks Department-Various Sites ... . 320 Subways-124th St ................ . 461 Civic Stables-South Side .......... . 461 Civic Stables-West End ........... . 87 Incinerator No. 1 North Side ....... . 438 Incinerator No. 2 South Side ....... . 471 Stores and Works-Machinery ...... . 461 Stores and Works-South Side Ware- house ........................ . 470 Stores-Fencing Yards ............. . 470 Stores-Lands .................... . .AMOUNT UNEXPEND ED $ :22,325 . 36 73,632.67 13,512.02 11,305.50 65,448.03 29,459.62 408.56 403.91 1,917.21 58,296.69 29,200.00 6,000.00 23,307.92 1,376.83 60,770.79 8,726.80 25,000.00 803.67 47,312.19 11,764.39 3,170.73 4,006.51 415.65 8,087.62 2,925.65 1,214.36 2,258.92 15,724.09 $528,77 5. 69

6 -the council of the City of Edmonton is hereby authorized and empowered to transfer the said unexpended moneys or any of them to general capital account and to use the moneys so transferred for any purpose not payable out of current revenue, including the purpose of completing any work already undertaken and not completed or unprovided for by the sale of debentures, and the council shall in each year where the sum required to be raised annually to retire the debt created is not payable by the city at largE~, collect along with the ordinary municipal taxes and pay ·over to the proper person such sum or sums as shall be necessary to retire the proper proportionate part of the debt so transferred. 15.

By-law No. 42, 1920, of the City of Edmonton, intituled "A By-law of the City of Edmonton authorizing the issue of Gold Notes in the sum of $2,135,000 and the hypothecation of debentures as security for the payment of same," as amended by By-law No. 45, 1920, intituled "A By-law of the City of Edmonton to amend By-law No. 42, 1920," is hereby declared legal, valid and binding on the City of Edmonton and the ratepayers thereof, and that the same shall not be open to question in any court on any ground whatever, and all notes and the coupons attached thereto issued or purporting to be issued under said by-law are hereby declared legal, valid and binding on the City of Edmonton and the ratepayers thereof, and the same shall not be open to question in any court on any ground whatever.

The hypothecation of debentures of said city pursuant to said by-law No. 42, 1920, as amended by said By-law No. 45, 1920, and the agreemE)nt therein mentioned, is hereby declared to be legal, valid and binding on the said city. 16.

Every householder (as hereinafter defined) in 1;he Houaeholden city shall pay an annual tax equal to such percentage as~~ the colll1,cil shall fix of the annual rental value of the premises~ occupied by him, and he shall have the right to set off rental.~ue this tax against any tax which he is liable to ps~y to the~ city in respect of any land, improvements thereon or business assessment.

The foregoing assessment may be made as part of the general assessment roll of the city or may be made in a separate roll and at a different· time, in which ca8e all the provisions of The Edmonton Charter respecting the return thereof and appeals therefrom shall apply. The council may by by-law or resolution make: the said tax payable in one sum or by monthly or other instalments and may prescribe the minimum payment which shall be made in any one month. Any such tax shall be a debt due to the city and may be collected in any manner in which any other tax due the city is collectable.

7 "Householder" shall mean every person in the city over r'huS:Oider the age of twenty-one years not being the husband or e n wife of any person assessed under this section, who occupies any dwelling-house or part thereof, whether as owner or tenant, and shall include any person occupying a room or rooms for residential purposes in any apartment or business block. 17. The·council may at any time direct that the "utilities" as defined in

section 482 shall be assessed in the same manner and to the same extent as they would be liable to be assessed if they were owned, operated or carried on by a private individual or company.

No.l5. FOURTH SESSION FOURTH LEGISLATURE 11 GEORGE V 1921 BILL

An Act to amend the Acts constitut ing The Edmonton Charter and to validate By-law No. 42, 1920, of the City of Edmonton, as amended by By-law No. 45, 1920. Received and read the First time .......... . Second time ............... . Third time ................ . MR. A. F. EwiNG. EDMONTON: J. W. JEFFERY, KING'S PRINTER. A.D. 1921 Title: 1921 (4th, 4th) Bill 15,

An Act to amend the Acts constituting The Edmonton Charter and to validate By-law No. 42, 1920, of the City of Edmonton, as amended by By-law No. 45, 1920

Document details

Collection	Alberta — Bills
Citation	L4 S4 10054
Type	bill
Volume / chapter	L4 S4 10054
Language	en
Format	json
Source	PROVINCIAL
Identifier	ea533fe28bd24d1c740a64b2fa2ca7849b28c40c

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