Rights of purchasers Right of corporation to resume ownership of works Powers to borrow to be Municipal Ordinance the moneys so borrowed and interest and costs and expenses and the balance if any remaining after such payment shall be paid over to the corporation. 54. The purchaser or purchasers on any such sale and their assigns shall have and possess and may exercise all the rights, powers, privileges and franchises relating to the construction, maintenance, working and conduct of the work or works which are by this Ordinance conferred upon the corporation subject to the right of the corporation to resume the ownership thereof at the expiration of ten years from such sale on giving six months notice and on payment within six months after such period of ten years at a valuation to be ascertained by arbitration subject to the assent of the ratepayers as in the case of the original construction or purchase of said works. 55. In case the corporation fails to exercise the right of resuming the ownership of the public work or works at the expiration of the said period the corporation may similarly exercise such right at the expiration of any fifth year thereafter upon giving one year's notice to the purchasers or their assigns. 56. It is hereby declared that the powers of borrowing and in addition to issuing of debentures in this Ordinance provided for are not to powers under be accounted as diminishing the powers of the corporation to borrow and issue debentures conferred by The Municipal Ordinance nor are they to be taken as restricting the power of the corporation to borrow and issue debentures on the credit of the corporation at large under The Municipal Ordinance within the limit of amount therein provided for, for the purpose of constructing or purchasing any such public work or works or assisting therein and in borrowing for the purposes aforesaid or for the purpose of constructing a system of sewerage in connection with a system of waterworks; the corporation in borrowing whether under the provisions of this Ordinance or of The Municipal Ordinance may extend the time of repayment for any term up to fifty years. Special frontage rate (2) Debentures issued in pursuance of a bylaw passed under the authority of this Ordinance may be dated as of the actual date of the issue thereof; provided such date be within four years from the date of the final passing of the bylaw and may be made payable in such manner that for the first five years succeeding their date interest only shall be payable. 57. For the purpose of assisting in the payment of any debentures issued for the purpose of waterworks constructed or acquired under the provisions of this, Ordinance and the interest thereon it shall and may be lawful for the corporation to provide by bylaw for the assessment and collection of a special tax or rate in each year not exceeding four mills on the dollar upon the several properties according to the assessed value thereof fronting or abutting on the street in, through and along which the waterworks mains are laid as well as all other properties which may enjoy the advantage of the use of water from the said main distant not more than 300 feet therefrom for the purpose of protection against fire whether the owners or ratepayers thereof use the water or not for general purposes to meet the yearly interest on any debentures issued for the purposes of the said waterworks and the annual instalment of principal or the annual amount of payment to the sinking fund for the payment of the principal thereof provided that the collector of taxes upon the production by the owner or occupant using said water of the receipt for payment of the rent chargeable for the use thereof during the year or such proportion thereof as equals such special tax shall remit or allow to such owner or occupant the amount so paid as a payment pro tanto on account of the special tax authorised to be levied by this section. may appoint 58. The corporation may itself or by its officers exercise and Corporation enjoy the powers, rights, authorities and immunities hereby commissioners conferred upon it or the council may either before the commencement of the works or at any time while they are in the course of construction or after their completion by bylaw provide for the appointment of one or more commissioners for such purpose. (2) Upon the appointment of a commissioner or commissioners all the powers, rights, authorities or immunities which under this Ordinance might have been exercised or enjoyed by the council and the officers of the corporation acting for the corporation shall and may be exercised by the commissioner or commissioners and the officers appointed by him or them and the council thenceforth during the continuance in office of the commissioner or commissioners shall have no authority in respect of such works. (3) But any officer or employee appointed or employed by the council in or about the construction or management of the works shall be continued until removed by the commissioner or commissioners unless his engagement shall sooner terminate. (4) Nothing herein contained shall be construed to divest the council of its authority with reference to the providing of moneys required in respect of such works and the clerk or secretary-treasurer of the city shall upon the written certificate of the commissioner or commissioners pay out any moneys so provided. commissioners by Lieutenant 59. The commissioner or commissioners shall be appointed Bylaw from time to time by bylaw of the council on such terms and appointing at such a salary as they may deem expedient; but such bylaw to be approved shall not take effect until approved by the Lieutenant Governor Governor in Council; and shall cease to be valid after one month's notice from the Lieutenant Governor in Council that such approval has been withdrawn; and no repeal or Security of commissioner Commissioner not to be amendment of any such bylaw appointing a commissioner or commissioners shall be valid unless nor until such repeal or amendment has been approved in like manner except as hereinafter provided. 60. Every commissioner shall before taking office give such security for the performance of his duties as the council shall require. 61. No commissioner appointed as aforesaid shall personally interested in have or hold any contract in connection with the said works or be directly or indirectly interested in the same or any of any contract Council may remove and assume work them. 62. The council of the corporation in case the construction commissioners of the works be entrusted to a commissioner or commissioners may by bylaw at any time assume the work, remove the commissioner or commissioners, apportion their current year's salary and proceed with and manage the works and in such case all the rights, powers, authorities, immunities, duties and liabilities then belonging to the commissioner or commissioners shall be transferred to and vested in the council; but any officer or employee appointed or employed by the commissioner or commissioners in or about the construction or management of the works shall be continued until removed by the council unless his engagement be sooner terminated. Accounts to be kept by 63. The commissioner or commissioners shall keep or cause commissioners to be kept separate books and accounts of the receipts and disbursements for and on account of the works distinct from the books and accounts relating to the other property, funds or assets belonging to the works; and all such books shall be open to the examination of any person appointed for that purpose by the council. (2) The commissioner or commissioners on or before the fifteenth day of January in each year or upon such other day as the council may name shall cause a return to be made to the council containing a statement of the affairs of the works which shall show the amount of the rents, issues and profits arising from the works and the number of consumers during the previous year; the extent and value of the movable and immovable property belonging to the works; the amount of debentures then issued and remaining unredeemed and uncancelled and the interest paid thereon or yet due and unpaid and the state of the sinking fund; the expenses of collection and management and all other contingencies; the salaries of officers and servants; the costs of repairs, improvements and alterations; the prices paid for the acquisition of any real estate that may have been acquired for the use of the works; and generally such a statement of the revenue and expenditure of the works as will at all times afford to the ratepayers a full and complete knowledge of the state of affairs of the works. (3) The commissioner or commissioners shall also from time. to time furnish such information as may be required by the council. (4) All accounts relating to the works shall be audited by the auditor for the corporation in regular course and the commissioner or commissioners and all the officers shall furnish to the officers such information and assistance as may be in their power to enable the officers to properly audit such accounts. office and proceedings 64. The commissioner or commissioners and the clerks Oath of employed in their revenue service shall be sworn before a records of justice of the peace for the faithful performance of their duties; the commissioner or commissioners shall keep a book for the purpose of recording the whole of their official proceedings and such book shall be open for inspection in the same manner as the books mentioned in the next preceding section. Bylaws affecting highways 1904 CHAPTER 21 An Ordinance respecting certain kinds of contemplated Public Works for the Town of Strathcona. THES [Assented to October 8, 1904.] HE Lieutenant Governor by and with the advice and consent of the Legislative Assembly of the Territories enacts as follows: 1. This Ordinance may be cited as "The Strathcona Municipal Public Works Ordinance." (1) The council of the town of Strathcona may pass bylaws for closing and selling or leasing any public highway the fee whereof is not vested in the Crown; provided that no such bylaw shall be passed unless at least two weeks' notice of the intention of the council to pass the same be served upon the persons registered or assessed as the owners of the lands abutting upon the portion of the highway so proposed to be closed and sold or leased and be published in at least two weekly issues of a newspaper published in the town previous to the passing of the bylaw; nor until any person who claims that his land will be prejudicially affected thereby and petitions to be heard has been afforded an opportunity to be heard by himself or his agent in relation to the proposed bylaw; and any such person so claiming, petitioning and appearing shall be compensated for all damage to his land which he shall sustain by the passing of the bylaw. New Part VI 2. In so far as the same refers to the corporation of the town of Strathcona Part VI of The Municipal Ordinance is hereby repealed and the following substituted therefor: of The Municipal Ordinance "Local improvement PART VI. LOCAL IMPROVEMENTS AND ASSESSMENTS. 231. The term "local improvement" shall be taken to mean: |