Bill 2 (Legislature 2, Session 4)

L2 S4 10604

Alberta — Bills

BILL No. 2 of 1913.

An Act to Incorporate The Bo.wness Improvement Company. (Assented to 1913.) WHJ?REAS a. petirtion has rbeen presented: praying for the Pl'CI"n!Jie mcorporabon of a eompany to construct and operate a street railwa.y .and a system of water works, sewerage, electric light and other improvements, as hereinafter set f'OrtJh, within the sub division of. Bowness, near the City of OalgOJry, Dnd it is e..'{pedient Lu graut the prayer of the said petrti·on; . 'l'herefme IIis Ma.jffity, hy and with the advice and consent of the Lo~sl~tive Assembly of the Pvovince of Alberta, enacts as follows: 1.

J~ohn Hext,all, capit31ist; Fred. Larue Baxter, acooun.tant; Jueornorati<l"' Reginald Frederick Dutton, stenographer, all of the City of Calgary, in the ProVIince of Alberta, together with such persons as beoome shareholders of the company hereby inoorpora.ted!, are hereby con:~titui.ed a body corporarte under the n.ame of "The Bmvness Improvement Company," hereinafter called "the Company." 2. 'l'he head office .of the company shall be at the City ofHen<l ome" Calgary in Lhe Province of Alberta, or at sueh ·other place within !·he ·said province as the direc1lor.~ may from time to time determine. 3.

The sBveral cla:uses of The Railway Act of Alberta shall~l'~~~':.''1 ~'' 11 "' and the same are hereby inCQrporated with and shall be deemed apply to be 1;art of this Act and shall apply Lo Lhe said company and to the rmlway to be construoted by them, except:ing so far as the same may be ill'ounsistent with tbe expressed enactments hereof m ina:ppJ,ic~tible !10 a raih\:ny or the nature hereby authorized, and tbe eXJH'C&~ion "this :\ ct" when n~ed herein .'hall be understood to iBcludc the elamos of the said Railway Aot as aforesaid. 4. 'rlH' eompanv may wi-t.hin the subdivi::;;i.on known as Pow~ro or th~ "Bowness," near th·e City of Calgary, being of reoord in t:he Land 00111 ""'"~· 'J'it.les OfficB for the South Alberta Land Registration District as Phm 4610 A . .T. and 556G A.

II., and the Illorth half anu the :o:outh-west quarter and the south-east quarter of.section thirty-four (34), all \Vithin township twenty-four (24), range two (2), west of the fifth meridian- (

a) Lay out, const.rucL and operate lines of railway operated Build mil,mt·~ by any motive power ot:her than steam with a guage of 4 feet. sy;; inches; (

b) Constrruct and build, erect, buy or lease, control and ~~~~\:1 " Hgh' opera1te electric Eght and power plants, gas and water works plants; (

c) Oo·nstruct and control eewerrs, drains ·and ditches and sewers regulate and prevent tho obstnuction of same; (

d) Build and repair sidewrulks, streets, curbs, gutters and Siclcwnlks boulev.avds, and pn,ve streets; (

a) Enter into any arrangements with any governments or Arrangemcrtt> h . . . . 1 l l th . th t ll'lth nut, or1t1es, supreme, mun1c1pa , oca or o erw1se a authorltl"' may seem conducive to· the company's object or any of them, and may obtain flrom any such government or authority, any rights, privileges and oonccssions which the1 company may ·think it desimble to obtain and may oarry out, exercise and comply with any such arrange- ments, rights, privileges and conoessions;

(f) 2 Construct, maintain and alter any buildings or works comtruct , f h f th lm!ldings neeessary or convement or t e puvposes o e CO'Illpany, and may constnmt, improve, maintruin, develop, work, m:mage, ('arry out or control any ro~dwa:ys, tramways, branches OT sidings, bridges, reservoirs, water courses, manufactories, warehouses, electric light works, shops, stores and other works and c<Jnveniences which may seem cakulated directly or indirectly to advance the Qornpany's in1lerests, and to contribute to, subsidise or otherwise assist or take

part in the improvement, construction, mainten- an<ce, working, management, carrying out or control thereof. 5. The company ma.y also- (

a) Borrow or raise or secure the payment of money in such Borrow mu"~"' manner ·as tJhe company shall think fit and may make, draw, accept, endorse, discount, execute and issue pro- missory notes, bills of exchange, hills of lading, warrants, debentures and other negotiable or transferable instru- ments; (

D) SoU or dispose of any or all of the under1Jakings of the company or any part thereof for such consideration as the company may think fit and shall sell to any municipality, wwn <or city which may hereafter inctude the subdivision of Bowness in its limits upon the s-a;id munieipality, town or city, giving six months' previous notice in writing of its intentJion to so purchase and upon making proper compensation therefor and such compensatiron ma.y be determined by arbitrat.ion under the prov-isions of' The Arbitration Act of the PPO'Vince of Alberta where a mutual agreement is not possible; (

c) Obtain any provis~on order or amending Aots from the To ot.tai11 A<-1s Legislaive Assembly of Alberta for enabling the com- pany to carry out any of its objects or fur effect-ing any modificartions of the company's constitution, or for any other purpose which may seem expedient and may oppose any pro<'OOdings or applicat,ions which may seem oaloul- ated, directly or indirectly, to prejudic-,e the company's interests; ( rl) GonstniCt through, under and over lands lying beyond Outlet" 101 or out'lide the lim<its of Bow ness, such drains <and sewers se"·"r" as ma.y be deemed expedient to secure the proper drw:ina;ge of the said subdivision, and the disposal of the sewerage thereof; (

e) Do all such other things as are incidental or conducive (kucm!J>Ow•'~-~ to the attainment of its objects, and to deriving a revenue therefrom ; ' (

f) For all the purposes connected with the carrying on of Purchose Jr~u•P> :the works of the company, ·the company is hereby· auth- ori:md to purch&"e any lands eilther within or without the subdivision of Bowness and to enter into any oontrfOOtl" necessary for rthe carrying on of any of the said business; (!

I) In the event of the owners of the said lands refusing to May . 1 . approprm sell the same at a reasonable price, the company may enter upon, take, use and acquire the same without the consent of the owners .uf such property, making due oompensation therefor to the parties entitled lhereto, an.d such com~ pensation may he determined by arbitvation under the provisi,ons of 'l'he Arbitration Act of the Province of Alberta, where a mllltrual agreement is not possiblo. 6.

The said railway's electric light and power plant.r;;, gas and u~e of w1a.ter works plants, sewers, drains, ditches, side walks, cul'\bs, highwaJ~ gutters, boulevards and pavements may be earried upon and along Rttc.h road allowances, publ·ic highways, bridges, :stroots, lanes and squares as may be necessary 'and convenient for the purposes of

3 the construction thereof, the consent and a.ppr,oval of the Mi_nister of Public Works first having 'been obtained before construrctlon of any of its works authorized by this Act are commenced.

It is further pr"<wided that the oompany shall not carry on or construct any 'Of its wQrks authorised by this Act along or across any highway, street, lane or other public place in any ciJty or town unless the compa,ny shall first have obtained the oonoont of the municipal council thereof by 'an agreement entered into between the oompany ~and the said municipality, and rat.ified by bylaw of the t>aid council if required by the StaJtutc or Ordinance under whirh the S.'lme derives its corporate powers, the municipal council thereof shaH be deemed to have full powers and authority to permit the use by the oompany of the highways, streets, lanes, squares and other public places of the municipality for tihe purposes of any of its said works: Provided thnt tho company shall not be entitled to usc any of the public streets, roads or highways or public places within the limits of rthe City of Oalgary for any purpose unless it has obtained the consent of the council of t.he l:lflid ciLy to an agreement entered into bet,ween the company and the said city ratified by bylaw approved of by two-thirds vote of the ratepayers. 7.

The company ~hall also have power for the purposes of this undertaking to contract and operate olectric power transmis ~;ion Lines and to ooustruct alQng the line of the said railway or 1m.nsmission line such telegmph or telephone lim~ as may be convenient for the purpose of its undertakings, and further shall have power to construct and maintain su~h bridges as may be nece.-""Sary or eonvenien t for the use of the strid railway not being b~dges over any navig~ble riv?r or rivers unless such bridge oi· bndges over such navigable nver or rivers shall have been authorised hy the Goverll'Or-Gencral in Council.

R. 'l'he proviHioual direci~Jors mn.y be any of the pei."Sons Pro\"i,ionni named in the first paragraph of this Act and they are herebydJrecton appointed direetors of this company. n. Tho ropitnl stock of the company shall be $250 000.00 Capital divided into 2500 ~hm~s of $100 oaoh, and. may be cal,led up by the directors from time to time as they deem necessary, but no one call ;ohall exceed 'fen per Cent. of the share or shares subscribed. 10. 'l'he annual geneml mcetillg {)f 't.he ::;haroholders shall be Annua: gen<'ml on the first day of February in each year. ' meeting 11.

At such meeting of the shareholders of the ca:pi~al stock Directors to be n.~embled who have paid all calls due on their shares shall chooseelectc<l n0t less than three or more than ·five persons to be the directors of the company, one or more rof whom may !Je paid directors of ihc company. 12. 'l'he rompany may issue bonds, debentures or otlierBon<h securit<ies to the extent of $12,000 per mile of the Milway and to the extent of ~r5000 per mile of the water-works, sewerage anu electric light systems, and suoh bonds, debentures and other oocurities may be is6ued only in proporion ·to the length of the railway, w•ater-works, sewerage or electric light systems constructed or under contraot to .be construCfted. 13. 'l'he ciOmpa.ny may enter into an agreement with !anotherComP•!nrmay . ., . l . h enter mto company or oompames l'Or conveymg or· oosmg to suo oompany a!\reement or companies the ra.ilwtay or other works of 'the company hereby~'~~"~~~~~ incorporated in whole or in part, or any rights Qr powers acquired under this Act, as also the sun•eys, pLans, works, plant, material, machinery and other propevt.y to. it belonging or for an amalga- mation with such company or companies on such terms and con-

4 ditions 'US are agreed upon and srrbjeot to sueh restrictinns .as to the diroot'Ors may se€m fit; provided that such ngroomen ~ has been first sanctioned by two-thirds of the ''otes at a spemnl general mooting of th~ shareholders dul~ caUed for the purpose o~ con sidering the same, at which meetmg shareholders representmg at least two-thirds in value of the stock are pr~sent in person or roprooented by pl'oxy, and that such agr~ement h:as ~tlso reeeived the appl'Oval of the Lieutenant-Governor m CounCil. l!.

The company agrees to n !ford all reasonaJble facilities to Compauy to any other railway company for the receiving and foflwarding and~!~~~mhl• delivery of traffic upon and from the line of railway 1betonging ·to facili.ties to , , I d h othe1 or worked by suoh eompantles re.-.1Jeotive y, an t e company companic" shall not mallle or give undue or unreasonable preference or advantage tJo or in favor of any particular pei'S'On or oompany in oonnection with any of its undertHkings 01" any particulm deoorip- tion of traffic in •any respoot whart:soover, nor sh'all the company subject any particular person or company, or any par,ticular de8cript.ion of traffic to mw m~ue or unreasonable prejudice or dislidvuntago whatsoever, and the said c'Ompany shall afford all tlue and rooson~ble facilities for receiving and forwarding by its railways all the traffic arriving by such other railway or railw:ays without any unr.eason<aJble dday, and without any such preference <ll' advnnt:age or prejudice or diRadvantJage as aforesaid, oo that no obstruotion is presented to the public desimus ofi using such railway as a oontinu:ous line of communication, and so that all rea:sonruble twcommodatiron •by moans of the railways of the several companies is rut all times afforded to Vhe pub1ic in that behalf and any agree- ment n~n;de between the. oompany and any other oompany or eompamcs ·colltrn.ry lo l·lns agre~mcnt shall be null and void. 15. ~l'he ('.()!1~1il'Uc!ion Of 1a!C l'aiJ.way Hl1d other W<ll'kS hereby Timolimit<'<l aulthlonzed s.ha~l be comme:1ced w1cthm two y;ears .and. shall be i?~·,~on>tnH· C{)mp1eted wrthm five years from the date of the commg mto force of this Act.

No .. 2 FOURTH SESSION SECOND LEGISLATURE 3 GEORGE V 1913 BILL

An Act to Incorporate The Bowness Improvement Company. Received and read the First titn.e . . . . . . . . . . . . . . . . . . . . . Second time .................. . Third tim.e . . . . . . . . . . . . . . . . . . . EDMONTON: ]. W. JEFF.RRV, Government Printer A.D. 1913 Title: 1913 (2nd, 4th) Bill 2,

An Act to Incorporate The Bowness Improvement Company

Document details

Collection	Alberta — Bills
Citation	L2 S4 10604
Type	bill
Volume / chapter	L2 S4 10604
Language	en
Format	json
Source	PROVINCIAL
Identifier	f1c2ca3c959a36aade18f4df432583afcf715c96

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