Bill 96 (Legislature 2, Session 4)

L2 S4 10701

Alberta — Bills

An Act Validating and C nfirming Certain By-laws of the City of Calgary. (As ented to 1913.) W HEREAS the Council of tl e City of Calgary, purporting t.o ,a,ct under and by virtue o the authority conferred upon it by sections 110a and 117, chapt r 33 of the Ordinances of the North-West 'l'erritories, 1893, in ituled "An Ordinance to Incor porate the City of Calgary," and mendments thereto, did, on the 4th day of Mal'ch, A.D. 1913, nally pass By-law No. 1468, in the words and figures following: BY-LAW r-to. 1468.

A by-law of the City of Calga y to consolidate the debentures authorized to be issued under ce tain local improvement by-laws and to providfl fm· the issue of uch consolidated debentures to the amount of $2,346,177.24 Can .diari ,currency, or its equivalent in pounds sterling at par of exch ngo, the proceeds to be used for the purposes mentioned in such y-laws: and also to provide for the assc,'>sment and collection of he sums necessary to pay such debentures.

Whereas the City of Calgary d ly passed certain local improve~ meut by-laws, being numbers 145 , 1439, 1464, 1437, 1445, 1435, 146J,HM, 14Gii, 1441,1401,145,1443,1453,1440, 14G2, 1466, 14fl?., 14G7, 1442, 1436, 1460, 145 , 1455, 1456, 1446, 1438, 1457, 1458, 14oU, 1447, 11!49, 1444, l 48, authorizing the issue of debentures to the amount of $2, 46,177.24 payable in twenty years from the date of the comi 1g into force of the respective by-law~, and bearing interest a:~ the rate of four and one-half (4%) per centum, per annum, p yable half-yearly, and each of such by-laws provided for levyin and collecting certain monies in each year during the cuneuey f the debentures thereby auth orized for paying such intere~t aJ d for forming a sinking fund for the payment of the debt creat d by the issues of such deben tures, the particulars as to such b -laws ·being as follows: No.

Purpose. Amount. Date in Force. Term. Int. 1450 Sewer ... . ...... $ 3,673.54 Jan. 1st, 1913 20 years .. 4~.p.c . 1439 C. Sidewalk 3,303.34 " " 1464 Boulevard ......... 19,357.05 1437 C. Sidewalk ........ 372.57 1445 Sewer ............. 106,800.62 1435 C. Sidewalk ........ 37,837.07 1461 Paving ........... 165,015.60 1434 Paving ............ 192,000.52 1465 c.

Sidewalk ....... 135,766.77 1441 Sewer .............. 49,007.0>; 1451 Sewer ............. 1,655.04 1452 Sewer ........... 54,826.77 1443 Retaining wall .... 4,072.95 1453 Sewers ............ 23,284.02 1440 Sewers ...... ······ 23,402.06 1462 Grading ........... 68,659.33 1466 c.- Sidewalk ....... 156,908.28 1463 Sewers ·········· .. 321,265.61 1467 Paving .... ········ 692,02R.02 1442 St. opening ....... 59,072.50 1436 c.

Sidewalk ....... 279.19 1460 Sewer ............. 60,390.95 1454 Retaining wall .... 3,587.29 1455 Paving .... ········ 109,162.28 1456 Curb and Gutter .. 6,674.97 1446 Boulevard 0 •••••••• 973.79 1438 c. Sidewalk ...... 514.25 1457 Paving ............ 19,011.61 " 1458 Grading ........... 6,000.00 14fi9 Sewer ............. 458.17 1447 Sewer ............. 11,067.27 1449 Grading ········· .. 5,485.46 1444 Street Lighting ... 3,826.20 14.48 Sewer ············· 442.10

21 And

whereas all the dcLentures authorized by the said by-laws arc unsold and it is deemed desim le to consolidate the same into one issue and to make the debentur s payable in Canadian currency to the amount of $2,3,Hl,l77.2'!, o Its equivalent in pounds ster ling, at par of exchange being £' 82,091 4s. 3 1-3d. which is the amount of the debt created by th" by-law; :and Wheroas it is expedient that the interest on the said debentures should be payable at the said rate f four and one-half ( 4y,

i) per centum, per annum, half-yearly, on th.e first days of July and January in each year, and that th said principal sum be paid in twenty years from the date ,of this y-law taking effect; and

Whereas there are required to b raised in each and every year for twenty years the sum of $105 577.97 to pay the interest on the said amount and the sum of $78,788.95 to form a sinking fund for the payment of the prin ipal money; and

Whereas the value of the whole eal property rateable in re~>vect to the said several and respective i provements mentioned in the said by-laws is the sum of $51,20 ,752.00; and ·whereas the city's share of the ·o;;.t of the said impi'ovements is the sum of $811,314.83 and the portion chargeable against the properties fronting on the streets, laues or portions thereof, or places where the improvements were made is the sum of $1,584,862.91; and

Whereas the sum of $1,534,862 91, part Qf the said debt, is created on the security of the sp cial rates settled by the said by-laws and is furGher guaranteed y the city at large; and \Vhereas it will be necessary t raise annually the sum of $36,509.14 to pay tl1e interest and he sum of $27,245.43 to form a sinking fund for the payment o the principal of the portion of lhe said debentures which is to b paid by the city; and

Whereas the value of the whole rateable property of the City of Calgary according 1o the last rev sed assessment roll is the snm of $111,598,135.00 and the total ount of the existing debt of the city, outside of debts for local mprovements and for current expenses of the year is $!J,l28,950. 0; 'l'h€rePore the Council of the Cit of Caigary enacts as follow:;: 1. 'l'hnt the arnomrts of the deb ntures authorizefl to be issnc~d under the said several by-laws num ered 1450, 1439, 1464, 1437, 1445, 1435, 14G1, 1434, 14G5, 1 1, 1451, 1452, 1443, 1453, 1440, H62, 1466, 1463, 1467, 1 42, 1436, 1460, 1454, 14fii'i, 1456, 14Ll6, 1438, 1457, 1458, 1 59, 1447, 1449, 1444, 1448, are hereby consolidated and tbere s all be one issue of debentures under this by-law of the total am unt of $2,346,177.24 or its 'equivalent in pounds sterling .at par of exchange, being £482,0!Jl 4s. 3 1-3d. 2. 'l'hnt such debentures shaH e in sums of one hundred pouw1s sterling each, with the exc ption of ono which 3h>tll be for £91 4s 3 1-8d., and shall be ayable in twenty years from the date of lhis b~r-law taking effe t, and that coupons t-hrrll be nttaehed to ~nirl debenture~ for the aU-yearly intere;,t thereon G.t the, rate of four and one-half per en tum, per annum, a' td I. he said debentlll"I'S r.ncl f'OnpDns shall be made payd>lc in sterling at the Hank 0f Montreal, London, '.C., England, or in Cnundiaa curt·cncy n.t lhe principal office of t. e ."aid bank in the Cities of Montreal, Toronto or Calgary at ho der'~ option. 3.

That the faid debentures shal~he scaled with the corporale seal, and Ri,gned by the mayor or a ting mayor and clerk of the City of Cnlgnry, and the said coup ns shall bear the lithograph ed or stamped or printed signatures f the mayor or acting mayor and clerk 1\foresaid. 4. That. for the purpose of payi~ the sum of $8l1,3H.~-l:3 or its equinllellt in pounds sterling t par of exchange. being £166,708 8s. 5 2-3d., the amount harge.d and assessed against the City of Calgary, nnd to cover tl . intem<;t thereon at the rate -of four vnd one-half ( 4 %) per cc tum per annnm in nwn:rwr

be.·fore mentioned, there shall b1assessed, levied. and collectc:ll in the same manner, at the same Lime and along with olhc1· city rates and taxt:'f for each year, o mmencing with thtl ye~u 1913, over and above all other ra:tes, tJ e sum of $63,754.57 by tt ~pedal rate 011 the dollar suffi-cient the efor, upon and from the whole rateable property in the City of algary. 5.

That for the purpose of pay ng the said sum of $1,534,862.91 or its equivalent Ill pounds ste ling at par of exchange, being £315,382 15s. 9lj2 d. ths amou t charged and assessed against the real property fronting as a oresaid, and to cover interest thereon for twenty years at the rate of four and one-half ( 40) per centum per annum in the 1anner before mentioned, there Rhall he assessed, levi·ed and co lected in •the same way, at the same time and along with the ot er city .rates and taxes each year for twenty years, oommencing w· h the yea.r 1913, over and above all other rate;-; lrwied and collect. d yearly upon the real property fronting or abutting on the res -cctive portions, streets, lanes or places mentioned in column tw (2) of the

schedule to the said by-laws, a special rate per foot f ntuge in the ninth (9) column of such schedule, which special r· te shall be suffi-eient to produce in each year tho sum of $120, 12.35 and for that purpose the pmvisions of Lhe said several by aws in that behalf shall remain in full force and effect. 6. 'I'hat the said de,bt of th~sum of $1,534,862.91 and that portion of the said debentures i ed in respect thereof are issued on tho credit of nnd guaranteed L' tho Ci·ty of Calgary at large. 7. 'L'hat tho said debentures s~all be sold and the proceeds thereof shall be paid out in pnyin and discharging the temporary loan or debts ineuned in and for lhe construction of the improve ment<; mentioned in the sa.id by-1 ws and in no other way and for no other purpose whatever. 8. 'l'ha.t the pow.cr and autllrity to issue debentures un. der 'the said by-laws numbered 1450 1431), 1464, 1437, 1445, 14H5, 1461, 1434, 1465, 1441, 1451, 1452, 1413, 1453, 1440, 1462, 1466, 1463, ]4fl7, 1442, 1436, 1460, 1454, 1455, 1456, 1446, H38, 1457, 1458, 1459, 1447, 1 49, 1444, 1448, anu Lo borrow thereunder, and any anQ. all d ontures issued thereunder are hereby cancelled and annulled. 9.

That this by-law shaH comJe into effect on the first day of January, 1913. Done and passed in Council th~s 4th day of March, A.D. 1D13. H. A. SINNOTT, JJiayor. J. M. MILLER, Cleric. And

whereas the Council of jhe City of Calgary purporting to act under and by virtue of th authority conferred upon it by sections llOa and 117,

chapter 33 of the Ordinances of th.e North West Territorii'.~ 1893, inLiLuleu "An Ordinance to Inc01·pomte the City of Calgary," and amen ments thereto,· did, on the 4th day of March, A.D. 1913, finall pass By-law No. 146!J, in the worrl" and figures following: BY-LAW ~tJ. 1469.

A by-law of the City of Oalga y to consolidate the debentures authori2)ed to be i:>sued under c rtain money by-laws and to provide for the issue of such oonso 'dated debentures to the amount of $263,500.00 Canadian cmTen y, or its equivalent in pounds sterling, at par of ·exchange, the roceeds to he used for the pur poses mentioned in such by-law, a d also to provide for t}:le assess ment and collection of the sums n cessary to pay said debentures.

Whereas the City of Calgar passed certain by-laws duly assented to by the electors for he purpose of borrowing certain moneys in all amounting to $2 >3,500.00 and issuing debentures to that amount payable at Lhe ·espective dates hereinafter men tioned, and bearing interest at he rate of f{)ur and one-half per centum per annum, to be paid alf-yearly, and each by-law pro vided for levying and collectiu certain moneys in each year during the currency of the debe •tures •thereby authoriwd .for pay ing such intm·est and forming a sinking fund for the pay ment of the debt, created by t e issue of such debentures, and parti0ulars as to such by-laws be ng as follows: No. 1298 1317 1325 1333 1~97 1398 1400 Purpose.

Amou t. Date in Force. Stables ........... ·$ 12,000. 0 May 1st, 1912. Retaining walls . . . . 18,500. 0 July 1st, 1912 Pavements and sub- ways ........... . Sewers· in Lanes .. Catch Basins ..... . Sewer Conneetions .. Fire Dept. ...... . 6,000. 0 Aug. 1st, 1912 82,000. 0 Sept. 1st. 1912 50,000. 0 Jan. 1st, 1913 50,000. 0 Jan. 1st, 1913 45,000. 0 Jan. 1st, 1913 $263,500. 0 Term. 20 years. And

whereas all the debentuJs so authorized are unsold and it is deemed desirable to consoli ate the same into one issue and to make the debentures payabl in Canadian currency to the amount of $263,500.00 or its e uivalent in pounds sterling at par of exchango, being £54,143 16s. S;hd., which is the amount of debt created by this by-law . . A nu whe.reas it is expcdienl hat the said debentures bear interest at the rato of four and ne-half per centum per annum, to be paid half-yearly, and th t the said principal sum of $263,500.00 or its equivaleul iu pounds sterling, at par of exchange, being £51,14::1 16s.

I) ~d, to he paid at the expiraliou of twenty years from the date of his by-law taking effect; And

whereas the value of the whole rateable property in the City ·of Calgary according to th last reviS'ed assessment roll is the sum •of $111,598,135.00; And

whereas the amount of t e existing debt of the City of Calgary, outside of debts due for cm'rent expenses, but including the amount of this by-la.w, is the, mn of $9;382,450. 00, no in~tal ment of principal or interest of \ 1ich is yet due; And

whereas the respective a ouuts required to be raised annually by special rate during he currency of the said deben tlues n.re (

a) for paying the in crest thereon, $11,857.50, and (b) .t:or forming a sinking fund or payment of the debt created by the issue of the said debenture , $8,848.81; ;{ow, t.llflreforc, Llte Council o the City of Calgary enact:; as follows: 1. That the amounts o~ the dtentures ~uthorized to be issued under the seven several by-laws nr hereby consolid:n:ted and there shall be one issue of debentures nder this by-law of the total amount of $263,500.00 or its (} ivalent in pounds sterling, at par of exchange, being £54,148 1 s. 8;hd. 2.

That debentures be issued f the said sum of £54,143 16s. 8Yzd. to be paid at the expiration f twenty years from the dak of this by-law taking effect, the said ebentnl'Ps being for £100 each (with the exception of one whic shall be for £43 16s. ~1/zd.) and that coupons shall be attacl ed to said debentures for the half-yearly interest on each deber ture respBctively at the rate of four and one-half per centum per annum, in rthe meantime. 3.

That said debentures shall h sealed with the corporate ~eal of the city and shall be signed the mayor and clerk of the said c.ity, and the coupons shall be r the lithographed or stamped or printed signatures of the mayo and clerk, and the debentures and coupons shall be payable in st rling at the Dank of Montreal, I;ondon, E.C., England, or in Can dian currency at the principal office of the said bank in the Ci es of Mont11eal, Toronto or Calg.ary, in the Dominion of Can rla, at holder's option.

5 4. 1'hat in addition to all other a aunts there shall ue levied and collected in each year during the currency of the said deben tures on all rateable property in the said city by special rate or rates suflieient therefor $11,857.50 eing ·the equivalent at par of exchange of the amount of £2,4 6 9s. 5¥2d. for paying the interest on the said debentures, an thB amount of $8,848.81 being the equivalent at par of exchar ge of £1,818 4s. lllfzd. to form n sinking fnnd for the pa.ymen of the debt created by the iR8Ue of the said debentures to be pay ble, levied and collected, at the same time and in the same manne us other taxes are payable, levied and collected by Ordinance, St lute or By-law in the said city. 5.

That this ·by-law shall come ini> effect on the first day of .January, A.D. 1913. 6. Tha.t the power and authority to Issue debentures under said by-laws 1298, 1317, 1325, 1333, 1397 1398, and 1400, and any and all debentures issued thereunder aro hereby cancelled and annulled. Done and pa~f'ed in Council this 4thl day of March, A.D. 1913. H. A. SINNOTT, .Mayor. J. M. MILLER, Clerk. J\nd wherem; the Council of the C!y of Calgary purporting to act under and by virtue of the auth rity conferred upon it by sections llOa and 117,

chapter 83 of th Onlinances of the North West :rerrilories 18!?;3., intitulcd "..:ln Ordinance _to incorporate the c~ty of Calyary, nntl amendment. thereto, d1d, on the 4th day of :March, A.D. 1918, finally pass by-law No. 1470, in the· wordii and figures follo"'ing: BY-LAW NO. 1470.

A by-law of the City of Calgary to onsolidate the d.cbentures authorized to he i~sued under certain money by-laws and to provide for tho issue of such consolidate debentures to the amount of $1,338,000.00 Canadian currency or its equivalent in pounds sterling at par of exchange, t.he proceeds o be used for the purposes mentionc.cl in ~uch by-laws, and also t. provide for the ARsess mont nnd collection of the sums necessar." to pay said debentures.

Wherons the City of Calgary passe certain by-laws duly assented to !J~' tho electors for the pu osc of borrowing certain moneys, in all mnouniing t(l $1,338,000. 0 and issuing debentures to that amount payable at the ),'especti e dates hereinafter men tioned, nn<l bearing interest at the rate f fiour and one-half per· centum per mmum, to be paid half yea ly and each by-law pro videcl for the levying and collecting eert in moneys in each year during the currency of the debenture thereby authorized for paying Hnrh intere"i and forming a sinki g fund for the payment Df the debt created by the issue of such d bentures, and particulars us to such by-laws being as follows: No. 1314 1332 1339 1362 1375 1399 Purpose.

Public Service Buildings ... . Electric Light Extensions .. . Police Patrol System ..... . Water 'Vorks Extensions .. . Extension to Gravity Intake. Street Railway Extensions Amount $130,000 200,000 40,000 378.000 90,000 500,000 $1,338,000 Date. in Force. July 1-12 Aug. 1-12 Aug. 1-12 Oct. 1-12 Nov. 1-12 Jan. 1-13 Term. 30 yrs. " Int. 4~.p.c

And

whereas all the deuentu es so authorized are unsold and it is deemed desirable to consoli ate the same into one issue and to make the debentures payabl in Canadian currency to the amount of $1,338,000.00 or its quivalent in pounds sterling, at par of exchange, being £274,93 lOs. 1,7:Zd. which is the amount of the debt created by this by-la ; And whe.reas it is expedient that the said debentures bear inter08t at the rate of four and ne-half per centum per annum, to be paid half-yearly, and th t. the said principal sum of $1,338,000.00 or its equivaknt in pounds sterling at par of exchange, being £274,!:)31 lOs. 1 2d. be paid at the expiration of thirty years from the date .of thi by-law taking effect; .

And

whereas the value of !:h whole rateable property m the City of Calgary according to tl last revised assessment roll is the sum ·of $111,598,135.00; And

whereas the amount of 1e existing debt of the City of Calgary, outside of debts due for current expenses, but including the amount of this by-law, is the s m of $10,730,450.00, no instal mont of principal or interest of ' 1ich is yet due; And

whereas the respective a ounts required to be raised annually by special rate during ,he currency of the said deben tures arc (

a) for paying the int:e t thereon $60,210.00, and (

b) for forming a sinking fund fQr e payment of the debt created by the issue of the said debcntur s, $'23,856.G4. Now the.refore the Couneil of the City Qf Calgary enacts as follows: 1. That the amounts of the debinturcs so authori?..ed to be issued under the said six several Ly-lm s are hereby cDnsolidated and there shall be one issue of dcbcr Lures under this by-law of the total amount of $1,:1:38,000.00 oris equivalent in pounds sterling, at par of exchaugc, being £274,U' 110s. 10d . .:.:.

That debentures be issued or the said sum of £274,931 ·] Os. llf2d. to be paid at the expi ation of thirty years from the date of Lhis by-law taking effect, the said debentures being for £100 each (with the exception f one which shall be for £31 lOs. ly;ld. and that conpons shall be attached to the said debcn .tures for the half-yearly interest n eaeh delJenture respectively, at ·the rate of four and one-half or centum per nnnnm in the meantime. 3. 'I'lmt said debentures shall b sealed with the corporate ."cal of the city and shall be signed b the mayor and clerk of the said eity, and the coupons shall be r the lithographed or stamped or printed signatures of the mayor and clerk, and the debentures a11d coupons shall he payable in st rling at the Bank of Montreal, London, E.C., England, or in Can dian currency at the principal ofHce of Lhe said bank in the Cit es of Montreal, Toronto or Calgary, in the Dominion of Can da, at holder's option. 4. 'I'hat in .addition to all other amounl'l there shall Le levied and collected in each year during t e currency of the said deben tures 011 all rateable property in t e said city by special rate or rates suflicient therefor $60,210.00 1-cing the equiva],ent at par of exchange of the amount of £12, 71 ISs. 1%,d. for paving the interest on the said debentures, a d the amount of $2"3,850.64 being the equivalent at par of exel ange of £4,902 Os. ll:J.{id, to form a sinking fund for the pa.ym nt of the debt created bv the issue of the said debent.ures to be p yable, levied and collecbed at the same time ·and in the same man ·.cr as ·other taxes are payable, l~vied and e:.ollected by Ordinance, Statute or By-law in the said City. 5.

That this by-law shall come ~nto effect on the first day of January, A.D. 1913.

7 6. That the power and authority to issue debentures under said by-laws 1:114, J:~:J~, 1839, 13U~ 1375, 1399 and any and all debentures issued thereunder are ereby cancelled :and annulled. Done and passed in Oouncil thij;; 4th day of March, A.D. 1913. H. A. SINNOTT, Mayor. J. M. MILLER, Clerk. And

whereas Lhe ·by-laws whi~ are consolidated by ·the said by-laws Nos. 1468 and 1470 were submitted to the ratepayers of the said city ·and rooeived the sent of two-thirds of the rate payers votii1g ·thereon iu the man wr provided in the said Ordin ance and amendments thereto; And whereat> U1e pr·~·lllllL.a .. Iit·lil I ocallnwrovcmcnt By-Laws which are consolidated under sa d by-law No, 1468 were not required by the said Ordinance d amendments thereto to be submitted to the mtc-pl1ycrs of th said city; And

whereas doubts have arise as to the validity of the said by-laws passed by the Council of 1e City of Calgary as aforesaid and of the by-laws or proceedings prior thereto; And

whereas lhe Ci.t.y of Calgar has by its petiti·on prayed that all of the said. by-laws hereinbefo set forth or any by-laws or proceedings prior thereto may be onfirmed and validated; J\ nd

whereas it is ·expedient t gmnt the prayer of the said petition, Therefore his Majesty, by and jvith the advice and consent of t}Je Legislative Assembly of the frovinoe of Alberta, enacts as .follows: 1.

By-law No. 1468, finally p d by the Council of the City of Calgary on the 4th day of Mar h, 1913, being a consolidation of certain local improvement by-la s Nos. 1434, 1435, 1436, 1437, 1438, 1439, 1440, 1441, 1442, 1 43, 1444, 1445, 1440, 1447, 1448, 1449, 1450, 1451, 1452, 1 53, 1454, 1455, 1456, 1457, 1458, 1459, 1460, 1461, 1462, 1 63, 1464, 1465, 1466, 1467; .and by-law No. 1469 finally passe by the said Council on the 4tll day of March, 1913, being a co solida;tion of by-laws numbers 1298, 1317, 1325, 1333, 1397, 1 98 and 1400, of the City of Calgary; and by-law number 147 finally passed by the said Conncil on the fourth day of Marc , 1913, being a consolidation <Jf by-laws Nos. 1314, 1332, 1339, 362, 1375 and 1399, are and iJaeh of them is hereby declared le al, valid and binding on the said City of Calgary notwithstand ng any informalities, irregu larities or defects therein or in the veral by-laws thereby consoli dated or in rany by-laws or proce dings prior thereto either in substance •or in form, and e.ach a d all of the debentures and coupons thereto attached issued o to be issued the.reunder are hereby declared legal, valid and bi ding on the City of Calgary, and the city shall be bound to pay ach and all of the said deben tures and coupons as therein rcspe ively stated.

Xo. ~ FOURTH SE:SSION SECOND LEGISLATURE X GEORGE V 1913 BILI__J

An Act Validating and Confirming Certain By-Laws of the City of Calgary Received and read the First time .................... . Second time ..... . Third time ................... . EDMONT0:-.1: j. W. ]EFF~RY, Governntent Printt!T A.D. 1913 Title: 1913 (2nd, 4th) Bill 96,

An Act Validating and Confirming Certain By-Laws of the City of Calgary

Document details

Collection	Alberta — Bills
Citation	L2 S4 10701
Type	bill
Volume / chapter	L2 S4 10701
Language	en
Format	json
Source	PROVINCIAL
Identifier	f8eec09a641631409464d5e1aa9df84bd2d9b31a

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