Canada, the sum of Canada in the rate of in the dollars of lawful money of equal annual instalments with interest at per centum per annum in the manner speci fied in the coupons attached hereto. 1907 CHAPTER 11. An Act respecting Local Improvements. (Assented to March 15, 1907.) HIS IS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: SHORT TITLE. 1. This Act may be known as "The Local Improvement Short title Act." 1. Minister" means Minister of Public Works; Interpretation Minister 2. "Department means the Department of Public Works Department of the Province of Alberta; 3. "Local Improvement Branch" means the local im- Local provement branch of the department; Improvement branch 4. "Tax Commissioner" means tax commissioner of the Tax department; 5. "District commissioner means a district constituted under the pro- District visions of this Act; 6. "Division" means a division of a district; Division 7. "Large district" means any large local improvement Large district district constituted under the provisions of this Act; 8. "Outlying area" means any portion of the province no Outlying area part of which is within a municipality, village or district; 9. "Council" means a council of a district; 66 Council 10. Councillor" means a member of any district council Councillor and includes the chairman of the council; 11. " Secretary" means the secretary of a council, and includes any person for the time being appointed by such Secretary council to perform the duties of secretary, treasurer or secretary-treasurer; 12. "Elector" means a person qualified to vote at any Elector election under this Act; 13. "Owner" includes any person who has any right, title or estate whatsoever or any interest other than that of a mere occupant in any land; Owner 14. "Inspector" means local improvement district inspector; 15. "Occupant " includes the inhabitant occupier of any land, or if there be no inhabitant occupier the person entitled to the possession thereof, and the leaseholder or holder under agreement for lease and holder under agreement for sale and any person having or enjoying in any way or for any purpose whatsoever the use of land; 16. "Ratepayer" means any owner or occupant over twenty-one years of age of land in any district; 17. "Resident" means any owner or occupant of land over twenty-one years of age residing in any area proposed to be organized or established as a district; 66 18. Taxable person" means any person who may be taxed in respect of ownership or occupancy of any land; 19. "Land," "lands" or "real property " includes lands, tenements and hereditaments and any estate or interest therein; 20. "Public notice" or "published " means a notice published in some newspaper issued in or near the area within which notice is to be given or by written or printed placards containing the notice affixed to public places within the area. In cases where notice is required to be given of any document or its contents it shall be sufficient if the notice sets forth the object, purport or general effect of the document; 21. "Prescribed" means prescribed under or by this Act or by any regulation or resolution made under its authority; 22. "Gazetted" means published in the official gazette; 23. "Person" includes corporations, joint stock companies and partnership; 24. "Year" means the calendar year. CONSTITUTION OF DISTRICTS. 3. The Lieutenant Governor in Council may by order1. Constitute a district which shall comprise an area of not less than 108 nor more than 216 square miles, and contain a resident population in the proportion of one resident to each two square miles; 2. Describe the boundaries thereof and assign a name and number thereto in accordance with the provisions of this Act; 3. Determine of how many members the council thereof shall consist; 4. Sever any portion of a district from such district and constitute the same a separate district or annex the same to any other district with which the same forms one continuous area, and from time to time make any apportionment of prop erty rights and liabilities and give any directions as to any matters and things that may be necessary; 5. Annex to any district an outlying area forming one continuous area with such district; 6. Subdivide or resubdivide any district; 7. Alter the boundaries of or abolish the divisions of any district; 8. Alter and adjust the boundaries of coterminous districts and determine any questions arising out of such alterations or adjustment; 9. Constitute any area within a district a village under the provisions of The Village Ordinance, or any Act passed in substitution for or amendment of The Village Ordinance; 10. Settle and adjust any rights, liabilities or matters which in consequence of the exercise of any of the foregoing powers require to be adjusted. may constitute any Conditions for constitution 4. The Lieutenant Governor in Council portion of the province which contains a resident population of districts in the proportion of one resident to each three square miles a district, on receipt of a petition as hereinafter provided. Requisites 5. Every petition for the constitution of a district shall be of petition in the form prescribed by the minister and signed by at least twenty-five residents, each of whom is the owner or occupant of rateable land therein. signature 6. Every signature to any petition shall be verified by the Verification of solemn declaration of some person signing such petition. accompany 7. Every petition shall be accompanied by the solemn Declaration to declaration of a resident of the district showing approxi- petition mately the number of residents in such district. made if no 8. If within one month after the receipt of the petition no Order to be sufficient cause shall be shown against the exercise of any objection such power as aforesaid, the Lieutenant Governor in Council. may exercise such power. of error in 9. Any error made in any order under this part of this Act Rectification may be rectified by the Lieutenant Governor in Council by order any subsequent order. invalid for 10. No order purporting to be made under this Act shall Order not be deemed invalid on account of any failure of any of the irregularity conditions of any noncompliance with any of the matters required by this Act as preliminary to such order and no misnomer, inaccurate description or omission in any such order shall in anywise suspend or impair the operation of this Act with respect to the matter or thing so misnamed, misdescribed or omitted. Council for district DISTRICT COUNCILS. 11. Every district shall be governed by a council composed of not more than six and not less than three members, one of whom shall be elected from each of the divisions of the district which may be made by the Lieutenant Governor in Council. Qualification of councillor QUALIFICATION OF MEMBER OF COUNCIL. 12. Every male person of the age of twenty-one years who is the owner or occupant of rateable land within the division who shall have paid all taxes due the district in respect of such land and is not under any of the disabilities hereinafter specified, shall be qualified to be elected and to act as a member of the council of the district; such councillor shall be a resident of the district for which he is elected. Disqualification 13. No person who How office vacated COUNCILS. 1. Is concerned or participates in the profit of any contract with the council; or 2. Has been convicted of any criminal offence subject to imprisonment for three years or more; or 3. Is undergoing a sentence of imprisonment; shall be capable of being or continuing a member of council: Provided that nothing herein shall disqualify any person from being or continuing a councillor solely because he is concerned or participates in a transaction with the council in respect of (a) A lease, sale or purchase of lands; or (b) An agreement for such lease, sale or purchase; or (d) A contract entered into by any incorporated company (e) A contract for the publication of any advertisement or advertisements in a public newspaper. 14. The office of a member or chairman shall be vacated1. If he is, or has became disqualified or has ceased to be qualified, under the provisions of this Act; or 2. If he has been absent from three or meetings of the council; or more consecutive |