Bill 23 (Legislature 3, Session 2)

L3 S2 9895

Alberta — Bills

An Aot to am~nd the Aots and Ordinanoes relating to the City of Calgary. and to valldRte oertain by-laws of the said City. WHlmEAS the C1 ty of Calgary has prayed for certain amendments to OrdinfUlce 33 of 1893 of the n.W.T. and the amenf1- lnents thereto and to validate oertnin by-laws of the saJd City, AND 'it1i'EHEAS it is expedient to grant the prayer of the said Petition, TrmREFORB, his Majesty by nnd with the advice Rnd consent of the Legislative Assembly of the Provinoe of Alberta enaots as follows:- 1.

Seo. 3 of Ch. 30 of the statutes of Alberta. 1913 (2nd Sesaion) is hereby repealed and the following substituted therefor: "Every eleotor shall vote by ballot antl shall vote only in the polline subdivision in vmioh h6 resides or, if the elector 1s not a resident of the City, or assessed in the polling subdivision in which he reSides, ln one only of the polling sub divisions in which he in assessed". 2. Seas. 7, 8 and 9 of Ch. 30 of the statutes of Alberta 1913 (2nd Session) a.re hereby reppaled.

Sec. 46 is hereby amended by striking out the word "registered" after the word "mail" in the seoond line thereof. Sub-seo. 11 of 3eo. 9 of Ordinance 33 of l803,n.W.T. is hereby repealed a.nd the folloWing substituted therofor: "It shall be the duty of the ClArk forthwith aftor the nomina tions are held for the offioe of nldermen, in oase an olectlon tor aldermen is necessary, to caUse to te prliitea tal1ots, which

-2- shall have I)rinted upon them in lurBe letters the names of tho canui dates for the offioe o:f al dermen in Rlphabetical order. and to deliver a aui'.ficient numbor of ballots to the Deputy Returning Officer of each polling subdivision. 5. (a.) Wherever any amendment has been made in any pro- vis ion of the aota anll ordinanoes relating to. ancl knovm as the Charter of the City of Calgary t re<"luiring a corresponding amend ment in the prescribed form of any oath, affirmation, declaration or form relating to the prov:taion so amended, the said required a.mendment shall be understood as having been made in the presoribeq. oath, affil~ation. declaration or form a3 the cane may be. (

b) Wherever the words "of the ward" or "for the ward" are used in the said aots and ordinanoes with referenoe to the voters' list. or the conduct,of any election. or the tnkine of 0. vote on nny question. they shall be tmd~rstood as referring to ant1 moaning the polling f3t\bdi vlolbn to which the oontoxt may a1')ply. (

c) i~erever in the said acts and ordinances the words "for each ward" are used wi th reference to the election of nldor men of the City. the snid words shR.ll be understoo{l anti construed as mea.ning "for the City of Calgary at large" eo long as the Oi ty cont inues to elect a1 dorman for the Oi ty of CnlBnry at large. a.s provided for by bylaw lio. 1620. entituled a bylaw to provide for the eleotion of all the aldermen of the City of Calgary from the City at large, which sa.id bylaw is hereby validated ann con firmed. and the Council of the City of Calgary is hereby given full power to amend sa.me from time to time or to repeal the sajd bylaw aft0r approval. of MY proposed amenilment to the eaid bylaw. or of the rereal of the sain bylaw by a majority vote of the persons qua.lified to vote at mnn10ipal elections in the Oi ty. 6.

Sub-sec. 3 of Seo. 108 of Ordinanoe 33 of 1893, N .. W .. T. as amended by Sea. 12 of Or(linance 40 of 1901, N.W.T.

-3- .. is hereby amenlled b;; striking out t· e words: "of the proposed bylaw" in the last line thereof. and substituting therefor the f011.)wing words: "of the information". (a.) Sub-sacs. 4 a.nd 5 of the aald Ordinance 33 of 1893, N.Vi.T. are hereby repoa.led and the following snbstituted therefor: '( 4) The Council shall publiah the following informa tion at len.at once a weok for three weeks before the day appointed for vottng on the proposed bylnw in some newsparer published in the City. 1. The No. of the bylaW 1s . . ,. ........ . 2. The objeot of the bylt~w 1s ••.•••••••••.. (here inaert the object of the bylaw, as set forth in the

preamble of the bylaw). 3. 'r'he amount of the (lebt to he oreated by the byla.w is •••••••••••••• ,' •• 4. The total amount to be ra.isell annually for ••••••••••• years for prinoipal 1s i .•............... ; and for interest is "" ~.; ." ............ . 5. The total ex! sting debt of the C1 ty. exclusi ve of debts for local improvements is ~p ••••••••••••••• 6. The total rateable property of the C1ty according to the last revised assessment roll 1s ~ ••..•••••••• 7. the loan is The rate of assessment on the Dollar re'lu1red to pay . . . . . . . . . . . . . . .

(5) Appended to the said information eo published shall be a notioe signed bS the City Clerk stating that such informntion is ~1. true statement of the faots of a. proposed bylaw. which will be taken into considerRtlon b~ the Council after being voted on by the electors. Hnd statine the fiR-te of the first publioation of the saio information. and the date. time and place or places fixed for taking the votes of the electors, Provided, that in case

-4- the said facts of more than one proDosed bylnw are published togethnr in the Bame issue of any neWB pllpGr, anrl the vottng on such proposed bylaws is to take pla.oe on the sn.mo f1ate. timn anrl plnoe, one suoh not loa appended to tha SEl-iil. published information of all such proposed bylv.ws shall be suffioient. (

b) The form of notice referret' to in said sub-seo. 5 of Seo. 108 of Ordinanoe 33 of In93, N.U.T •• Rnd nppended to the form of 0. general money bylaw. contained in

Schedule "A", as referred to in sub-aec. 2a of

Sec. 109 of the snid Ordinance, is hereby amended b.v striking out the worda "oopyof n proposed bylaw" in the first line thereof ~'l.nd by inserting in the f)lnoe thereof the follow1nB words" "statement of the faota of n pro- posed bylnw". or in CRse the facts of more than one proposed bylHw aro being published together in the same issue of any neVTB paper, the words inserted shall be, "statement of the facta of pl'oposed byla.ws". nnd the notioe published u.s so amendetl shall be sufficient. 7.

The Council shall have power to include in the annual estimates a sum in the opinion of the Council sufficient for the purpose of ac~uiring or purchasing optionA on property. real or poraonal, on which the Councilor any committee thAreof may decide to take an option, and any sum or sums expended for this . purpose shall be replaoed to the oredl,t of the said account or fund as Boon ns the moneys have been received or raised under the bylfl.w or from the A Ottroe against whioh the T',uroho,ne of auch property may properly be ohnrged. 8. (

a) Sub-aeo. 17 of Seo. 117 of Ordinanoe 33 of 1093, N. Y; .rr. as amendeil by Sea. 1 of Ch, 55 of J. 906. sta tlttea of Alberta, is hereby repea.led and the following substituted there-

-5- for: "For prohibiting or regulating the running at large of doge; for seizinf) and impountUng nnll for killing, whether before or after impounding, dogs running at large contrarl to the bylaw; anll for selline (loga so impounded a.t suoh tlmeR.ntl in such rnA-nner as may be provided by the bylaw.

(1) F ,)r tho purposes of this paragraph a dog shall be deemed to be runnlne at large when found in a highway or other public place and not undnr the control of a.ny pnreon. (

b) Sub-sec. g4 of said

Sec. 117 ia hereby amended bl a.dd- ing the following Vlords thereto: "or in any vaca.nt lote fill- jacent to any public street or highway in the Citty", and byadd inB at tho ena thereof tho foll,1wing sub-seotion ne sub-section 24 a.: liTo impose n. penalty for light weight or short oount or meu~~u.rement 5.n anything ronrketed or Bold by ~"eioht, count or measurement anywhere in the City ot Ca.lgary". (

c) Sub-sec. 56 of

Sec. 117 of Ordinance 33 of 1893. n.W.T. as amen/led by

Sec. 1 of Ch. 26 of 1899, N.W.T.; Seo. 3 of Ch. 28 of 1910 sta.tutes of Alberta;

Sec. 10 of Ch. 36 of 1908, statutes of Alberta; Seo. 8 of Ch. 63 of 1911, statutes of Alberta, and

Sec. 13 of Ch. 35 of 1913 (1st session), statutes of Alberta, is hereby further amended bl inserting the word "stockyar(ls" in tho third line thereof after the words "ero.vel pits", and bofore the word "abattoirs". and by insertinB tho word "011" aftf!r the said word "abattoirs". (

d) Sai d

Sec. 117 1 e hereby further a.men,1ed by ar1 ding the following thereto no sub-sec. 102: "To regulate, control and license a.ny person, firm ·'r corporation opArntlng or conllucting an exchange or premises "mere stocks, shares or cf!rtificntee of oil or natural gas companies, or pr>troleum or natural gas lenses, are bought, sold or exohanged or offered for sale or exchange, and notWithstanding any suoh corporation 1s incorporated under the Companies Orllinance anti Bmenl1ments thereto. or by special. Act or Ordinance.

-6- 9. Sub-sec. a. of

Section 42 of. Ord1nRnce ~3 of 1893. as amenr1ed by

Section 4 of Ch. 63. statutes of Alberta, 1910. nnd

Sec. 6 of Ch. 30 of statutea of Alberta. 1913 (seoond session), 1s hereby repeUed anll the following substituted therefor: "The Council may inolude in the annual estimn.tes a Bum not exceoding :;525,0,)0.00 to be exppnded in t\le reception and entertainment of guests. travelling expenses necessarily incurred in and about the interests and business of the City. diffusing information about the City, and the advertisement of the ad vantages of the C1ty uS n location for manufacturies Rnd businesses, and in suoh other manner as in the opinion of the Council w111 advance the interest, progress nntl y:elfare of the C1 ty; antl for the purpose of granting aid to worthy objects or purposes not othorwise provided for as the COtUlcil may deem proper.

No sum in excess of the said sum of ;W£5.0no.oo shall be so expended without such proposed expenditure being f1rst approved by a two-thirds vote of the ratepayers entitled to vote on money bylnws" • 19. r~otwl thatanding anything to the contrary contained in Oh. 29 of 1901.

Ordinances of H."li.T. and any amendments there to, known as the School Ordinance, or in any other oroinance or act, there shall be seven trnntees on the Board of Trustees of the Calgary Protestant Public School District No. 19 of the , Prov ince of Alberta. each of itlhom ahnl1 have the same f1uAlifica- tiona. be elected in the same manner and for the same term of office as provided for in the said Ordina.nce nm1 amendments there to and in a.ny other act or ordinance governing same, Provided, that a.t the next election of trustees to the said Board the five candidates who are deblared elected shall hold office for the following terms; the three candidates who reoeive the hiehAst number of votes shall hold office for two years an~ the remaining two candidates shall hold office for one year.

In the event of two or more ca.nfli flat es reco i vlng the snme number of votes, the

-7- returning officer shall n.nd is hereby allthori~e(1 to give the cnotine vote for the purposes of this clause. Aft~r th(l saId election each of the trustees on the said Board shall hold offioe for two y~ars. four of vlhom shall retire in the yenr A..n. 1915. anu three in the year A.D. 1916, and so on alternately. 11.

Local Improvement Hylaw No. 1296 of the City of Ca1- gary nuthorizing the gra,tUng ttnd filling on the streets and avenues therein named, and authori7.ing the Mayor and TreneurAr to borrow by way of temporary loan the sum of ~120.000.00 to carryon the s8.111 work. an(l finally pasI1ed on tho 18th dRY of Maroh, A.D. 1912, 113 hereby declRred to be valid uml binding not wi thstanding any informali ties, irregulari t tAB or 11efeats therein either in Gllbst8.nce or in form, or in any advortisemont relating thereto, nnll the C1 ty of Calgary shall have the r1eht to construct the local improveMonts 88 set out in the 8,id bylaw, nnd to a!HJAS~~ against tho property f:r.oni;~ ng or f\butttng on the streets mentione!1 in the said bylaw the c08t of' the sai (1 work, anfl 9P,ch and 0.11 of tho '~obenturee or coupons thereto attaohed issued under the snirl by1nw or ~'ny finnl bylaw to raise ,1eben tures for the payment of the said works or of any consolidation thereof, are hereby declared legal ana valid and the said City of Calgary shall be bound to pay enoh and all i)f the said debentures and the ooupons as therein respectively stated. 12.

BylA.Vl No to 1579 enti tulefi A. bylaw of the Oi ty of Cnlgary to rnl SA the sum of ~~-350 ,000 .00 for purchasing 55 acres of In.-nil more or 1es~1 situnte in the South Mast I~unrter of

Section 11, Township 24, Hnngo I, west of the 5th Merldtan for the ostablishment of Union stock: Ya.rds. Abattoirs, Warehouses nnd Mn.nufactories thereon is hereby 11aclared to be legal, valid ana binding notwithstanding any informalities, irregularities and oefects therein, either in substance or in form, or any laok of f'.ttthorlty on the ]1~rt of the Cit.y of Ca1gnry to ennct the

.. 8- sal d byla.w. 8nll the 01 ty of Calgary is hereby given full power antl authority to purchase the land desoribed in the sald bylaw in accordance wi th thfl terf71S thereof on approval of such pur chase ba a two-thirds vote of the ratepayers of the City entitled to vote on money bylaws. ft!lt1 the Council of the C1 ty may reprml tho said bylaw if on Buch vote beIng taken aB aforesaid the re1uired two-thirds of the vote oa.st li.t such poll is not in fa.vour of purohasing the said land.

In the Avent of the snid la.nd beIng })urchnsed as prav ided for herein the 01 ty of Calgary is hereby given full power an!1 a.t'lthprlty to make use of the whole orany portion of the said land as the City may deem ad vi.suble for the Al~tablishment a.nd maintenance of stock yardS, whether union stock yards or otherwise. abattoirs, warehouses, inllu.strias and mnmtfactoriAs thereon, or fOl' MY one or more of the said purposes. 13. \Vhereas the Oi ty of Calgary hR.S lnou.rred certain !1ebts a.nd liabilities for permanent improvements and hRe i Baued debentures fol' the pnyment thereof, Aml v,heroa,s the ·:ebentu.raa have been sold nt a disoount, and by reason of the saitl ,Hacount ann exrenees in curred in the flotation of the said debentures the sumo realized have been insuffioient to ffil'et the flaid debts and liabilities, And

whereas the amount of thn snid debts ~nd lia bili ties incurred over fmd Hbove the net amount received from the sale of' 11ebentllres, to pay the sata debts anr1 liabilities is the sum 0.1 :j?764,911.99, Anc1 c,'-herenB it is expor1ient to consoli!19.te and CR.r italize the sai~ deht and authorize the City to insuR debentures for the paymon t of the Sn:110 for It SUI!l in all no t to exceed th e saId sum of ~~7G4.91l.99, Therefore. it 1s ena.oted as follows:

-9- 1. '1lhat the Council of the City of Calgary mny by bylaw in the usual sta.tutory form. without a vote of the rate pnyers thereon, altered 0.13 ciroumstanoes mny ref}uire, ()on~Jolidate tho sail1 f.loating debt a.nd liabilities of tho City to an runount not exceeding :jii764,911.99, and to 1'ea1i7.e the said sum by way of 1.1 loan on the credit of the City nt large, a.nd to i:1s11.e de bentures for the payme:"it. of the sal t1 10M at the expiration of thirty years from the date of iosus and bearing interest at the rate of 5/b per annum }!ayable ha.lf yearly, the sa.id prinoipal and interest to be payable in such currency ant' at sllch places as Council in the 88.1l1 byla.w may tletnrmine, anll the CIty shall ha.ve po~~r to levy a special rate over and above all other rates to provide for the sinking fund to meet the principal sum at mRt uri ty and £01' the payment of the half yearly interest of the said debt. 2.

The money so rflised shall be A.ppliel1 only to the l'etiemption anll payment of the said dehts A.nd liA.b11i tl Be nnd to fLnd for no othol' purpose whatever. antl the sinkin5 fnnfl 10Tied anll colleoteil :ror the re!1amptlon oi~ the ·'ebentures shall be nnd bocomlJ :part of the sinking funl1 of the Ci ty anfl subject to the provisions gOV0rnins the sinkins funtl of the Oi ty. 3. 7he amount hereby authorized to be raisad by way of A. loan shall not be computed R.B part of the amount Huthorized to be borrowed undpI' ~)ection 166 of Ordinance 33 of 1893.

Ii.W .T •• as amen·led by Ordinance 39 of 1900, ani! as further ameniied by Ch. 25 of the statutes of Alberta 1909, so as to reduce or in any way affectins the bo:rrow.tne power of the C1 ty therein pro- vitled. 14.

section 53 of Ordinance 33 of 1893t~.W.T. is hereby amended by inserting after the words IInon-sufficient property to distrain ll in the second to the last line thereof the following words "or,instructed not to distrain", and aD3 instructions not to distrain given by the City Council to the Collector of Taxes shall not affect or prejudice any other right or remedy of the City to collect any taxes in aJ.'rear.

AJf ACT to Amend the Acts and Ordinances relatIng to the City of Calgary. Title: 1914 (3rd, 2nd) Bill 23,

An Act to amend the Acts and Ordinances relating to the City of Calgary, and to validate certain by-laws of the said City

Document details

Collection	Alberta — Bills
Citation	L3 S2 9895
Type	bill
Volume / chapter	L3 S2 9895
Language	en
Format	json
Source	PROVINCIAL
Identifier	f9dd84d188702eb7a46f0772f6a42105e40077e6

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