1904 CHAPTER 18 An Ordinance to amend Ordinance No. 42 of the W "An Ordinance [Assented to October 8, 1904.] HEREAS the municipal council of the town of Medicine Preamble Hat have by their petition represented that it is desirable the existing limits of the town of Medicine Hat be extended so as to include within the limits of the said town the hereinafter mentioned lands lying immediately adjacent to the said town. And whereas the said municipal council of the said town of Medicine Hat by their petition also represented that it is desirable and necessary in the interests of the said town that larger and wider powers for contracting debts by borrowing money or otherwise be given the said town in order that the public works now operated by the said town and which are revenue producing works may be more efficiently operated and extended from time to time as occasion may require; and for the carrying on of other necessary public works. And whereas the municipal council of the said town of Medicine Hat have by their petition also represented that by a bylaw of the said town of Medicine Hat duly passed by the council thereof on the 18th day of August, 1903 as number 74 the mayor and secretary treasurer of the said town were authorised and empowered to borrow the sum of twelve thousand ($12,000.00) dollars by the issue of debentures for the purpose of extending the waterworks system of the said town payable within twenty years from the 1st day of October, 1903 in anuual instalments of principal and interest and such that the said annual instalments of principal and interest should be equal the said interest being at the rate of five per cent. per annum. And whereas also it has been represented as aforesaid that by a bylaw of the said town of Medicine Pat duly passed by the council thereof on the 18th day of August, 1903, as number 75 the said mayor and secretary-treasurer of the said town were authorised and empowered to borrow the sum of fifteen thousand ($15,000.00) dollars by the issue of debentures for the purpose of extending the natural gas system of the said town payable in the same manner as provided in said bylaw number 74 and at the same rate of interest. And whereas in pursuance of said bylaws numbers 74 and 75 debentures of the said municipality to the said respective amounts were duly signed by the said mayor and secretary: treasurer of the said town and sealed with the corporate seal of the said town. And whereas it is doubtful whether the debentures so issued under the said bylaws have been lawfully issued by reason of the fact that such bylaws provided and contracted for debts in excess of ten per cent. of the assessed value of the assessable property in the said municipality of the town of Medicine Hat. And whereas it is desirable and in the interests of the ratepayers of the said town that such doubts should be removed and the legality of said debentures confirmed by special legislation of the Legislative Assembly of the NorthWest Territories. Now therefore the Lieutenant Governor by and with the advice and conseut of the Legislative Assembly of the Territories enacts as follows: 1. Section 1 of Ordinance number 42 of the Ordinances of 1898 is hereby amended by adding thereto the words following: "and that portion of the south-east quarter of section thirtysix (36) in township twelve (12) in range six (6) west of the fourth meridian according to the Dominion lands system of survey lying southward of the South Saskatchewan river and the road allowances bounding and abutting the easterly limit of the said south-east quarter of said section thirty-six (36) lying south ward of the said river is declared to be within the limits of the town of Medicine Hat for all purposes and the limits of the said town are hereby extended accordingly. 2. Section 213, part V, of The Municipal Ordinance 1898, so far as the same refers to or applies to the said town of Medicine Hat is hereby amended by striking out the word "ten" where it first occurs therein and inserting in lieu thereof the word "twenty." 3. The said bylaws numbers 74 and 75 of the said town of Medicine Hat are each of them legalised, validated and made hereby binding upon the said town and the said town inay borrow a sum or sums of money to the amount and for the purposes specified in the said bylaws respectively and may issue debentures therefore in the same manner and with the same effect as if the said town had always had full power to enact the same and as if the same were always valid, legal and binding on the said town; and any debentures issued in accordance with the provisions of the said bylaws are hereby declared to be valid, legal and binding npon the said town. 1904 CHAPTER 19 An Ordinance to incorporate the City of Edmonton. [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. " The Edmonton Short title Interpretation Elector" means a person entitled to vote at municipal "Elector" and school elections in the said city; 2. "Commissioners" means the commissioners of the city Commisof Edmonton; sioners 3. " Council" means the municipal council of the said city; "Council" 4. "Burgess" means an elector who is such in respect of "Burgess" freehold property; 5. Felony" means any crime which before the passing of "Felony " The Criminal Code of Canada 1892 would have been a felony under the law of Canada; and "misdemeanor' means any "Miscrime which before the passing of the said Code would have demeanor " been a misdemeanor under the said law. 6. "Income" means the profit or gain (whether ascertained" Income " and capable of computation as being wages, salary or other fixed amount or unascertained as being fees or emoluments or profits from a trade or commercial or financial or other business or calling) directly or indirectly received by a person from any office or employment or from any profession or calling or from any trade, manufacture or business; and includes the interest, dividends or profits directly or indirectly received from money at interest upon any security or without security or from stocks or from any other investment and also profit or gain from any other source whatever; 7. "Business" shall include any trade, profession, calling, "Business" occupation or employment; 8. "Special franchise" shall mean every right, authority Special or permission to construct, maintain or operate within the city, franchise" in, under, above, on or through any highway, road, street, lane, public place or public water within the jurisdiction of the city any poles, wires, tracks, pipes, conduits, buildings, erections, structures or other things for the purposes of bridges, railways, tramways or for the purpose of conducting steam, heat, water, gas, oil, electricity or any property, substance or product capable of being transported, transmitted or conveyed for the supply of water and heat, power, transportation, telegraphic, telephonic or other service; 9. Judge" means a judge of the supreme court of the North-West Territories; and "court" or "supreme court" means the said court. 10. Land" includes lands, tenements and hereditaments and any estate or interest therein or right or easement affecting the same and (subject to the provisions hereinafter contained). "Land" also includes (for assessment purposes): (a) Land covered with water; (b) Trees and underwood growing upon land; (c) Mines, minerals, gas, oil, salt, quarries and fossils in and under land; and (d) In case of special franchises, machinery, fixtures, buildings, structures and other things existing, erecting or placed upon, in, over, under or affixed to land or any highway, road, street, lane or public place or water but not the rolling stock of any railway or street railway; 11. "Municipality" or "city" means the city of Edmonton as hereby incorporated; 12. "Person" includes a corporation or partnership; 13. Resident" means a person residing within the limits of the city of Edmonton; 14. Revised assessment roll" means the assessment roll of the city or of any ward thereof as finally adopted by the council: 15. "Secretary-treasurer" means the secretary-treasurer of the city of Edmonton. 3. Wherever the word "herein" is used in any section of this Ordinance it shall be understood to relate to the whole Ordinance and not to that section only. 4. Where anything is required to be done on a day which falls on any holiday such days such thing may be done on the next judicial day; but nothing in this section contained shall extend or apply to the days fixed by this Ordinance for. the nomination or election of candidates for the offices of mayor or aldermen. 5. Where forms are prescribed, deviations therefrom not affecting the substance nor calculated to mislead shall not vitiate the same, and forms to the like effect shall suffice. alter, etc. 6. Where power to make bylaws, regulations, rules or orders Make includes is conferred it shall include the power to alter or revoke the same from time to time and to make others. ordinances 7. All Ordinances inconsistent with this Ordinance are Inconsistent hereby repealed in so far as they relate to the city of repealed Edmonton; and where any matter or thing is provided for by this Ordinance the provisions of any other Ordinance in relation thereto shall be deemed to be superseded so far as they relate to the said city. to apply 8. The Municipal Ordinance (being chapter 70 of the Municipal Consolidated Ordinances of 1898) together with the amend-Ordinance not ments made thereto in 1899, 1900, 1901, 1902 and 1903 shall no longer apply to the city of Edmonton nor shall any future amendments to the said Ordinance apply to the said city unless it is specially mentioned therein. of 1900 9. An Ordinance to Incorporate the Town of Edmonton Ordinance 35 (being chapter 7 of the Ordinances of 1891-2) together with continued in the amendments made thereto are hereby repealed; but this force Ordinance shall not be deemed to repeal or affect Ordinance No. 35 of 1900 printed as amended as Schedule A to this Ordinance. (2) The said Ordinance No. 35 of 1900 with the amendments thereto shall apply to the city of Edmonton; but the references in the said Ordinance to The Municipal Ordinance shall be read as far as may be as references to this Ordinance; and the ratepayers whose assent is thereby required to certain bylaws thereby provided for shall be the burgesses of the city of Edmonton; and nothing therein contained shall restrict the powers of or authority of the city as hereby conferred. TITLE II. INCORPORATION: ANNEXATIONS: WARDS. 1. The inhabitants of the locality described as follows, that is to say: Commencing at the intersection of Rat creek with the Boundaries Saskatchewan river on lot 26 of the Edmonton settlement according to the Dominion Government plan of survey thereof; thence following the sinuosities of Rat creek aforesaid to the westerly side of the road allowance between lots 22 and 24 according to the said plan; thence due north along the said. westerly boundary to the northerly boundary of the said river lot 22; thence west in a direct line to the north-west angle of section 7 in township 53 range 24 west of the fourth meridian; thence south along the westerly boundary of said. section 7 and section 6 to the northerly boundary of river lot 2 according to said plan of the Edmonton settlement; thence |