Bylaw and agreement ratified

1927

CHAPTER 86

An Act to confirm a Certain Bylaw of the City of
Regina and a Certain Agreement entered into
between the City of Regina and the Canadian
Pacific Railway Company.

W

[Assented to February 7, 1927.]

HEREAS on the 22nd day of February, 1926, bylaw No. 1288 was finally passed by the council of the City of Regina, a copy of which bylaw forms schedule "A" to this Act; and

Whereas by said bylaw No. 1288 the mayor and city clerk of the City of Regina were authorised and empowered. to execute on behalf of the said City of Regina an agreement between the City of Regina and the Canadian Pacific Railway Company; and

Whereas said agreement, a copy of which forms schedule "B" to this Act, was executed in triplicate on the 22nd day of February, 1926; and

Whereas the City of Regina has presented a petition to the Legislature of the Province of Saskatchewan praying for the ratification and confirmation of said. bylaw No. 1288 and the said agreement executed on the 22nd day of February, 1926; and

Whereas it is expedient to grant the prayer of the said. petition:

Now therefore, His Majesty, by and with the advice and consent of the Legislative Assembly of Saskatchewan, enacts as follows:

1. Bylaw No. 1288 of the City of Regina, which was finally passed by the municipal council of said city on the 22nd day of February, A.D. 1926, and the agreement which was executed by the said city and the Canadian. Pacific Railway Company on the 22nd day of February, A.D. 1926, which bylaw and agreement are set forth in schedules "A" and "B" respectively hereto, are hereby ratified, confirmed and validated in all respects, and the parties thereto are hereby authorised and required to carry out the terms, conditions and provisions thereof.

2. This Act shall be retrospective in so far as respects Retrospective anything done or agreed to be done, in accordance with. said bylaw or agreement, prior to the date when this Act comes into force.

3. This Act shall come into force on the date it is Coming into assented to.

force

SCHEDULE A.
(Section 1)

BYLAW No. 1288.

A BYLAW OF THE CITY OF REGINA RESPECTING AN
AGREEMENT BETWEEN THE CITY AND THE

CANADIAN PACIFIC RAILWAY COMPANY.

Whereas the City of Regina purposes to enter into an agreement with the Canadian Pacific Railway Company, which agreement is incorporated here with as schedule "A" to this bylaw and forms part of this bylaw, and it is expedient to make provision for the carrying out of the terms thereof and to grant exemption from taxation as in said agreement more particularly set out and to do all other acts, matters and things whatsoever necessary and essential to the due performance and fulfilment of the terms of said agreement.

Therefore the Council of the City of Regina enacts as follows:

1. It shall be lawful for the City of Regina to enter into the said agreement with the Canadian Pacific Railway Company which agreement is incorporated herewith as Schedule "A" to this bylaw and forms part of this bylaw; and the mayor and city clerk are hereby authorised and empowered to execute the said agreement on behalf of the City and to affix the corporate seal thereto, and hold the same in escrow until the commissioners are satisfied that everything is in order to permit of its being delivered to the Canadian Pacific Railway Company. Read a first time this 22nd day of February, A.D. 1926. (Sgd.) GEO. BEACH, (Sgd.) W. E. MASON, City Clerk. Mayor.

Read a second time this 22nd day of February, A.D. 1926.

(Sgd.) GEO. BEACH,

(Sgd.) W. E. MASON,

City Clerk.

Mayor.

Read a third time and passed this 22nd day of February, A.D. 1926.

(Sgd.)

GEO. BEACH,

City Clerk.

(Sgd.) W. E. MASON,
Mayor.

SCHEDULE B

(Section 1)

AGREEMENT.

This Agreement made in triplicate this 22nd day of February, A.D. 1926.

Between:

The City of Regina, hereinafter called "The City," of the first part,

-and

The Canadian Pacific Railway Company, hereinafter called "The Company,"

of the second part,

Witnesseth: that in consideration of the covenants and agreements on the part of the Company hereinafter set forth and the observance and performance thereof by the Company the City for itself, its successors and assigns, covenants, promises and agrees with the Company, its successors and assigns:

1.-(a) To supply to the Company through the City water mains the water required for the use of and in an hotel and premises hereinafter referred to, at a rate not to exceed six cents (6c) per one thousand gallons.

(b) That the lands upon which said hotel shall be built and the lands used in connection there with and the hotel and buildings to be erected thereon and the furnishings and equipment in and of said buildings and premises shall be exempt from all taxations of every nature and kind whatsoever, except ordinary business tax and local improvement taxes, for a period of twenty-five (25) years from January 1, 1926, and the City hereby releases and discharges the Company from the payment of all taxes of every nature and kind, except ordinary business tax and local improvement taxes as aforesaid, for or in respect of the said lands and premises and for or in respect of the said buildings and the furnishings and equipment in or of said buildings and premises for the period aforesaid.

(c) That the City will transfer, assign, set over to and vest in the Company, free of cost or charge, and discharged from all liens, claims and encumbrances of every kind all steel and other building material of every nature and kind whatsoever now lying or being in or upon the lands and premises situate on the south-east corner of Albert Street and College Avenue in the said City of Reginaand being the lands and premises upon which the erection of an hotel was some years ago commenced by the Grand Trunk Branch Lines Company,-or which is

in the possession of the City, and which has been heretofore purchased or acquired for the purposes of building a hotel on the said premises on the south-east corner of Albert Street and College Avenue.

(d) That should the Company at any time or times find it necessary or desirable for traffic or other purposes to extend northerly the subway known as "Albert Street Subway" the City will and doth hereby consent to such extension or extensions and will upon the request of the Company give all consents and authority necessary to enable the Company to apply to the proper authorities for permission to make such extension or extensions and to proceed with said work, it being understood and agreed that any extension or extensions northerly of said Subway shall not extend beyond a line drawn parallel with and ten (10) feet perpendicularly southerly from the southerly limit of North Railway Street.

(e) That the City will agree and does hereby agree and undertake to carry out and to assume the costs of any necessary alterations in the level of the street or streets affected by reason of any such extension or extensions of said subway as aforesaid, and hereby further agrees and undertakes to assume and pay all land damages or compensation for lands injuriously affected, if any, to which any person or party shall be entitled, arising out of the said extension or extensions of said Subway as aforesaid, or in any manner relating thereto. The Company, however, shall not make or be entitled to claim for any land damages to its property arising out of such extension or extensions.

(f) That should the Company desire at any time to extend its station facilities at the City of Regina, the City covenants and agrees with the Company that, upon the Company's request, it will convey and transfer to the Company, without cost or charge to the Company, and free from all encumbrances whatsoever, the whole or such portion or portions of the lands and premises in the said City of Regina and known as the "Stanley Park Site" and described as follows: "That parcel of land bounded on the east by the production of the westerly limit of Broad Street and bounded on the south by a line parallel to and a sixty-six (66) feet perpendicular distance north from the south limit of South Railway Street and bounded on the north and west by the southerly limit. of the right of way of the Canadian Pacific Railway Company," as the said Company may require for such extensions.

(g) That the City will pass all such resolutions and bylaws and take all such steps and proceedings as may be necessary or requisite for the purpose of carrying into execution and effect the terms and provisions of this

Agreement according to the true intent and meaning thereof, and will procure from the Legislature of the Province of Saskatchewan an Act ratifying and confirming this Agreement, and the terms, conditions and agreements herein set forth.

2. In consideration of the foregoing covenants and agreements by and on behalf of the City and of the observance and performance thereof by the City, and subject to the ratification and confirmation thereof by an Act of the Legislature of the Province of Saskatchewan, the Company for itself, it successors and assigns covenants, promises and agrees with the City as follows:

(a) To erect at its own cost and expense on lands to be acquired by it and in a suitable and convenient location in the said City of Regina an hotel and to operate and maintain said hotel so as to conform to the Company's standards in appointments and equipment. Such hotel shall contain not less than two hundred (200) guest rooms. The work on such hotel shall be commenced not later than four months after the execution of this Agreement by the parties hereto and shall be completed within twelve months after such execution and after said Agreement shall have been ratified and confirmed by the Legislature of the Province of Saskatchewan.

(b) It is agreed and understood by and between the parties hereto that any delay or delays beyond said time above specified for the completion of the said building caused by strikes, fires, accidents or other causes beyond the reasonable control of the Company, shall not be deemed to constitute a breach of this Agreement in this section contained.

(c) To assume the cost of any necessary superstructure, the necessary bridging and support thereof and the abutments and retaining walls that may be necessary and constructed in connection with the said extension or extensions of Albert Street Subway as herein before referred to.

(d) To dismantle, salvage and take from the said lands at the corner of Albert Street and College Avenue in said City of Regina the steel and building material now thereon and (if the City desires it to do so) to level off the foundation constructed on said lands level with the surrounding ground, and to fill up the excavations.