Calgary Water pany's rights etc., for of electric energy shall in any event at end of ever, that the Company may retain its works upon the river and the right to supply electric energy to any plant or business situate on the lands owned by the Company at the date of the passing hereof." 16. By adding the following as Section 254 thereto : "Notwithstanding anything contained in any By-law, Ordinance or Act, every license, right, privilege and franchise, whether under By-law No. 107 of the City of Calgary or otherwise, belonging to or enjoyed by the Calgary Water Power Company, Limited, in connection with the sale and be terminated distribution of electric energy, whether for light or power 12-year period purposes or both, within the limits of the City of Calgary, shall be forever terminated, extinguished, cancelled and annulled on and after the first day of June, A.D. 1938, and the said Calgary Water Power Company, Limited, shall have no right after the said first day of June, A.D. 1938, to sell or distribute electric energy within the limits of the City of Calgary or to use the streets, lanes and highways for the sale and distribution of electric energy for light or power purposes or both, within the limits of the City of Calgary. Provided, however, that the Company may retain its works upon the river and the right to supply electric energy to any plant or business situate on the lands owned by the Company at the date of the passing hereof." City shall compensate Company at end of 17. By adding the following as Section 255 thereto: "The Company shall within three months prior to the first day of June, 1938, sell to the City and the City shall 12-year period within three months prior to the first day of June, 1938, purchase from the Company all the plant, machinery and equipment of the Company as defined in Section 252 hereof." Basis of compensation 18. By adding the following as Section 256 thereto: "The purchase price of the plant, machinery and equipment, shall be the then value, the said value to be determined by the Board of Public Utility Commissioners on the following basis: "(a) For plant, machinery and equipment which at the time represents standard practice in up-to-date construction in public utility systems supplying light and power to other Canadian cities of like size, the basis of reimbursement shall be replacement cost less depreciation; "(b) For plant, machinery and equipment which at the time longer represents standard practice in upto-date construction but which is then still in general use in the systems referred to in the next preceding clause, the remaining useful life as applied to such systems shall be estimated and the compensation shall be computed by reducing the replacement value in the proportion that the remaining useful life bears to the total life; "(c) For plant, machinery and equipment which at the "(d) The Company may at its option, elect to retain with- during 12-year 19. By adding the following as Section 257 thereto : "During the period from the date of the passing hereof Company may to the first day of June, A.D. 1938, the Company may con- period continue to use the streets and lanes of the City of Calgary distribute for the distribution of electric energy subject to the follow- electric energy ing conditions: tinue to conditions on continue to "(a) The Company shall make no new extensions to its Terms and distribution system but its business shall be confined which Comto its existing pole lines, provided, however, that the pany may Company may make new connections for any con- use streets. sumers along any street or lane on which the Company at the date of the passing hereof, has its lines; "(b) The Company may supply its present power consumers with power for the purposes for which it is at the date of the passing hereof, being supplied by the Company to the said consumers, but shall only supply power to any additional consumers who purchase from the Company electric energy for lighting, for the purposes of passenger and freight elevators or for domestic or quasi-domestic or non-industrial purposes; "(c) The Company shall, within the said twelve year period, make no extensions to its steam plant nor install any new engines or machinery unless the necessity of such addition or installation has first been approved by the Board of Public Utility Commissioners at a hearing of which the City is to have notice and at which the City may be represented; "(d) The Company shall not, except with the consent of the City of Calgary, sell or agree to sell the whole or any portion of the plant, machinery and equipment or any interest therein, nor shall it transfer or Amount of assessment for special franchise tax payable by Company Council may issue debentures in amount of compensation fixed by Board of Public Utility Commissioners attempt to transfer the control of its enterprise to any person other than the City of Calgary; "(e) During the twelve year period referred to in the preceding sections hereof, the Company shall submit to an assessment agreed upon between the City and the Company in accordance with Sub-section (j) of Section 25 of The Charter of the City of Calgary, of two hundred thousand dollars which shall not include the value of the real estate and buildings of the Company but shall be the agreed value of the plant, machinery and equipment and special franchise rights of the Company and the Company shall, during the said period, pay taxes upon the said assessment in addition to taxes on its land and buildings. The said assessment of two hundred thousand dollars shall not be considered in any way for the purpose of arriving at the basis of compensation in accordance with Section 256 hereof, and shall be reduced annually by the sum of ten thousand dollars. The said assessment of two hundred thousand dollars shall first be effective for the year 1927; "(f) The Council of the City of Calgary is hereby empowered without vote of the ratepayers but subject to the approval of the Board of Public Utility Commissioners and by a vote of the majority of the Aldermen present and voting, to issue debentures in an amount sufficient to pay for the plant, machinery and equipment of the Calgary Water Power Company, Limited, in the amount fixed pursuant to Section 256 hereof. The said debentures may bear interest at a maximum rate of 6% and shall be for such period as the Council may deem necessary. The said debentures shall be issued upon the general credit of the City of Calgary and shall constitute a valid and binding charge upon the City of Calgary and the ratepayers thereof." 20. This Act shall come into force on the day on which it is assented to. CHAPTER 76. An Act to amend the Acts Constituting The Edmonton Charter and to Validate Certain Local Improvement and other By-laws of the City of Edmonton. (Assented to April 8, 1926.) WHEREAS a petition has been presented by the City of Edmonton for the amendment of The Edmonton Charter and for the validation of certain local improvement and other by-laws 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 advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: The Edmonton Charter is hereby amended 1. By inserting immediately after section 57 thereof, the following sections: establish and benefit "57a. The Council may also pass by-laws for the establish- Council may ment and maintenance of superannuation and benefit funds superfor the benefit of the officers, officials and employees of the annuation City and their families, and for providing pensions, gratui- funds ties or retiring allowances to any such officers, officials or employees, and for that purpose, if the Council deems fit, to deduct from the salaries of such officers, officials or employees such amounts as the Council may deem necessary or expedient, and for aiding and assisting by annual grant of money or otherwise, the said funds. Any by-law passed under this section may contain any of the sections of The Superannuation Act, being chapter 8 of the Revised Statutes of Alberta, 1922, or any modification or adaptation thereof. contribute insurance "57b. The Council may also pass by-laws for contributing And may or paying the full amount or any portion of any premium to group or premiums in respect of any benefit, accident, sickness or life insurance policy or policies or scheme of group insurance for the purpose of insuring all or any employees of the City against sickness, accident or death, as the case may be." Indemnity to members 2. By striking out section 23a and by substituting therefor the following: "23a.-(1) There shall be paid to each member of the of the Council Council out of the current revenue of the City the sum of five dollars for each meeting of the Council attended by him during his term of office and for each committee meeting so attended the sum of three dollars. Provided, however, that the total sum payable to any member shall not be greater than six hundred dollars during any year, nor more than fifty dollars during any month. Form of "(2) This section shall not come into force until the same has been submitted to the electors of the City and has been approved by a majority of the electors voting on the question. "(3) The power of submission herein contained shall be a continuing power." 3. By striking out sections 109 and 110 and by substituting therefor the following: "109. Ballot papers used for the election of mayor, alballot papers dermen and school trustees shall be printed in as many lots as there are candidates for the office. In the first lot the names of the candidates shall appear in alphabetical order. In the second lot the names shall appear in the same order except that the first name in the first lot shall be placed last. In each succeeding lot the order shall be the same as that of the lot preceding except that the first name in that preceding lot shall be placed last. Tablets of ballots to be used at the several voting places shall be made up by combining ballots from the different lots in regular rotation, so that no two successive voters shall receive ballots from the same lot and so that each candidate's name shall appear first and in each other position substantially the same number of times on the ballots used. Inadvertent departures from the procedure prescribed in this section shall not invalidate an election." Circulation imitation of ballot prohibited This section shall not come into force until it is adopted by the Council by by-law. 4. By inserting after paragraph (ƒ) of subsection (1) of section 173 the following: "(g) Print or cause to be printed or distributed any cirof colourable cular, card, poster, bill or other paper having a colourable resemblance to a ballot paper prepared by the Returning Officer, indicating or showing the same to be marked for any candidate, or candidates; provided that this provision is not intended to prohibit the publication of any circular, card, poster, bill or other paper having thereon the names only of candidates in alphabetical order." License fees may be for revenue purposes 5. By inserting between the words "licenses" and "to" in the second line of section 233, the words "which fees may be in the nature of a tax for revenue purposes." |