Evidence of notice Assessment valid unless application made to quash Decision of court of revision Contents of bylaw New section 143 239. A memorandum by the assessor in any proper book or roll kept for that purpose of the mailing of such notices and of the date thereof shall be prima facie evidence of the mailing of such notices in accordance with the last preceding section on the date mentioned in the memorandum. 240. No assessment under the provisions of this part of this Ordinance shall be invalid by reason of any defect in form or in substance in any proceeding upon which such special assessment depends unless an application to quash the same shall have been made in accordance with the provisions of section 268 of this Ordinance and before the date fixed for the sittings of the court of revision. 241. The decision of the court of revision or of the judge if there be an appeal from the court of revision shall be final and conclusive upon all matters respecting the assessment and special rate and the court of revision and the judge shall respectively have power in the event of the assessment of any party being decreased or increased on appeal to raise or lower proportionately the assessment of the other parties assessed without any further notice. 242. Every bylaw for borrowing money for local improvements by the issue of debentures shall recite or otherwise state 1. The amount of the debt which such law is intended to create and the object in general terms for which it is to be created: 2. The total amount required to be raised annually for paying the debt and interest under this bylaw and whether the whole or if not what portion thereof is payable by way of special assessment and the system of special assessment applicable; 3. The total value of the land charged with the special assessment and if any portion of the debt created by such bylaw is to be borne by the corporation at large the value of the whole ratable property of the corporation according to the last revised assessment roll: 4. That the debt is contracted on the credit and security of the corporation at large but as to so much as is not to be paid by the corporation at large the corporation is to collect the same only by way of special assessment as aforesaid. 3. For the purposes of this Ordinance section 143 of The Municipal Ordinance is hereby repealed and the following substituted therefor: 143. The council of the corporation shall pass a bylaw authorising the levying and collecting of a rate or rates of so much on the dollar of the assessed value of the property therein as the council deems sufficient to raise the sum required to meet the amount of such estimate and to pay all valid debts of the corporation whether of principal or of interest falling due within the year; but there shall not be levied or assessed in any one year more than an aggregate rate of twenty mills on the dollar exclusive of school rates and local improvement rates; provided that for the purpose of meeting the cost of any public work or works under the provisions of An Ordinance to incorporate the Town of Strathcona the aggregate rate exclusive of school rates and local improvement rates may be increased for that purpose only but so as not to exceed twentyfive mills on the dollar. Ordinance 4. For the further purposes of this Ordinance The Municipal Municipal Ordinance is hereby amended as follows: Subsection 52 of amended section 95 and section 164 are hereby repealed and the following sections are added after 163 thereof, namely: accounts to be special rate 164a. The council of the corporation of the town of Separate Strathcona shall keep in its books two separate accounts one kept for for the special rate and one for the sinking fund or instalments and sinking of principal of every debt to be both distinguished from all account other accounts in the books by some prefix désignating the purpose for which the debt was contracted and shall keep the said accounts with any others that are necessary so exhibit at all times the state of every debt and the amount of moneys raised, obtained and appropriated for payment thereof. as to special rate 1646. If (after paying the interest of a debt and appro- Surplus in priating the necessary sum to the sinking fund of such debt amount or in payment of any instalment of principal for any financial year) there is a surplus at the credit of the special rate account of such debt such surplus shall so remain and may be applied if necessary towards the next year's interest; but if such surplus exceeds the amount of the next year's interest the excess shall be carried to the credit of the sinking fund account or be applied in payment of the principal of such debt. 2. Provided always that any moneys levied and collected for the purpose of a sinking fund shall not in any case be applied towards paying off any portion of the current or other expenditure of the municipality save as may be otherwise authorised by this or any other Ordinance. 3. In the event of the council of the corporation diverting any of the said moneys for such current or any other expenditure save as aforesaid the members who vote for the diverting of said moneys shall be personally liable for the amount so diverted and said amount may be recovered in any court of competent jurisdiction: and the members who may have voted for the same shall be disqualified from holding any municipal office for the period of two years. part of 164c. The council may by bylaw order and direct that Application of such part of the produce of the special rate levied and at the produce of credit of the sinking fund account or of the special rate special rate Investment of part of produce of special rate Appropriation of surplus moneys to account as aforesaid instead of being invested as hereinafter provided shall from time to time as the same accrues be applied to the payment or redemption at such value as the said council can arrange or of any part of such debt or of any of the debentures representing or constituting such debt or any part of it though not then payable to be selected as provided in such bylaw and the town council shall thereupon apply and continue to apply such part of the produce of the special rate at the credit of the sinking fund or special rate accounts as directed by such bylaw. 164d. If any part of the produce of the special rate levied in respect of any debt and the credit of the sinking fund account or of the special rate fund thereof cannot be immediately applied towards paying the debt by reason of no part thereof being yet payable the council shall from time to time invest the same in government securities, city or school debentures or in local improvement debentures of the corporation or in any other debentures of the corporation or in first mortgage on real estate to an amount not exceeding one-half the sworn cash valuation of an independent appraiser or by way of the temporary use of an amount not exceeding one-half of the estimated amount of the municipal taxes to be levied by the general rate of the current year provided that such amount shall be replaced by the end of the current year; and from time to time as such securities mature may invest in other like securities. (2) The council of such corporation may regulate by bylaw the manner in which such investments shall be made. (3) It shall not be necessary that any local improvement or other debentures of the corporation referred to in this section shall have been disposed of by the council; but the council may apply the sinking fund to an amount equal to the amount of such debentures for the purpose to which the proceeds of such debentures may be properly applicable and shall hold the debentures as an investment on account of the sinking fund and deal with the same accordingly. 164e. The council may direct by bylaw that any surplus moneys in the hands of the secretary-treasurer and not sinking fund specially appropriated to any other purpose shall be credited to the sinking fund account of any debenture debt of the corporation and the council may invest such sinking fund in any of the securities named in and according to the provisions of the preceding section. Appropriation of surplus public works, etc. 164. The council may appropriate to the payment of income from any debt the surplus income derived from any public or corporation work or from any share or interest therein (after paying the annual expenses thereof) or any unappropriated money in the treasury or any money raised by additional rate; and any money so appropriated shall be carried to the credit of the sinking fund of the debt in payment of any instalment accruing due. corporation 164g. No member of the said corporation shall take part Member of in or in any way be a party to the investment of such money's not to be as are mentioned in this Ordinance otherwise than is authorised Partne by this Ordinance or by any other law in that behalf made and provided and such person so doing shall be held personally liable for any loss sustained by the corporation. < investment 164h. Section 213 of The Municipal Ordinance is hereby Limitation of amended by adding thereto the words: Except for the purpose of constructing or purchasing any public work or works under the provisions of An Ordinance to incorporate the Town of Strathcona or assisting therein in which event but for such purposes only the corporation shall have power to pass such bylaws for contracting debts to the extent of but not to a greater extent than twenty per cent. of such assessed value; and in the event of the corporation having funds or securities to the credit of a sinking fund the amount thereof for the time being shall be deducted from the indebtedness of the corporation for the time being and the difference only shall for the purposes of this section be deemed the amount of the actual indebtedness of the corporation for the time being." WATERWORKS AND SEWERS. borrowing power may construct 5. The corporation of the town of Strathcona hereinafter Corporation called the corporation shall have power to construct, build, waterworks purchase, improve, extend, hold, maintain, manage and conduct and sewers waterworks, sewers and electric lights and all buildings, materials, machinery and appurtenances thereto belonging in the corporation and in the neighbourhood thereof as hereinafter provided and either in connection with waterworks or not a system of storm sewers or sanitary sewers or both. 6. The corporation shall have power to employ such Powers engineers, surveyors and other persons and to rent with such conditions, covenants and stipulations as the corporation shall deem requisite or necessary or purchase at the option of the corporation such lands and buildings, waters and privileges as in their opinion may during the construction or at any future time be necessary or expedient to enable them properly to carry out the purposes of this Ordinance. upon and 7. The corporation, their engineers, servants and workmen Power toenter from time to time and at such times as the corporation shall acquire lands see fit may enter into and upon, take or use the land of any person, bodies politic or corporate in the corporation or within ten miles thereof and may survey, set out and ascertain such parts thereof as are required for the purposes of the waterworks or sewers and may contract with the owner or occupier of the said lands and any person having a right or interest in any water for the purchase or renting thereof or of any part thereof or of any privilege that may be required for the purpose of the waterworks or sewers at the option of the corporation. Construction of necessary works Power to enter upon lands 8. The corporation may construct, erect and maintain in and upon any lands acquired under the provisions of this Ordinance all reservoirs, waterworks and machinery requisite for the undertaking and for conveying the water thereto and therefrom, in, upon and through any lands lying intermediate between said reservoirs and waterworks and the rivers, ponds, springs, streams or waters from which the same are procured and the corporation by one or more lines of pipes as may from time to time be found necessary or expedient. 9. The corporation and their servants under their authority intermediate may for the said purposes enter and pass upon and over the said lands intermediate as aforesaid and the same may cut and dig up if necessary and may lay down the said pipes through the same and in, upon, through, over and under the highways, streets, lanes, roads or other passages intermediate as aforesaid and may for the purpose of such works enter and pass upon and over such lands as the corporation may deem expedient and the same may cut and dig up if necessary and may lay pipes, drains, sewers or other works through the same and in, through, over and under lands, highways, streets, lanes, roads or other passages. Power to lay pipes Property vested in corporation Service pipes or sewers (2) All lands not being the property of the corporation and all highways, roads, streets, lanes or other passages so dug up or interfered with shall be restored to their original condition without unnecessary delay. (3) The corporation may enter upon, set out, ascertain, purchase, use and occupy such parts of the said lands as the said corporation may think necessary and proper for the making and maintaining of the said works or for the opening of new streets required for the same and for the purchasing of said lands required for the protection of the said works or for preserving the purity of the water supply or for taking up, removing, altering or repairing the same and for distributing water to the inhabitants of the community or the suburbs of the corporation or for the uses of the corporation or for the proprietors or occupiers of the land through or near which the same may pass. 10. For the purpose of distributing water or for the purpose of sewerage as aforesaid the said corporation may sink and lay down pipes, tanks, reservoirs and other conveniencies and may from time to time alter all or any of the said works as well in the position as in the construction thereof as they may deem advisable. 11. All works, pipes, erections and machinery requisite for the undertaking shall be vested in and be the property of the corporation constructing the said works. 12. Service pipes or sewers which may be required shall be constructed and laid down up to the outer line of the street by the corporation and the corporation shall be solely responsible for keeping the same in repair. |