« EelmineJätka »
Secretary, treasurer, engineers, and other officers.
By-laws respecting management.
Powers of the
business connected with the Board; and for such purpose may secure, by purchase or otherwise, any land which by the Board may be considered necessary for such purposes, and may cause any new erection or building to be made upon any land or ground which shall be vested in or purchased or hired by them under the provisions of this Act.
11. The Lieutenant-Governor in Council may appoint a clerk or secretary and treasurer, who shall not be a member of the Board or of any of the Councils of the municipalities in the sewerage district, and the Board shall from time to time engage such solicitors, counsel, engineers, agents, officers, and servants as it may deem necessary for the purposes of this Act.
12. The Board shall have power to pass all necessary rules, regulations, and by-laws for the purpose of carrying into effect the provisions of this Act, and generally with respect to the management and transaction of the business of the Board, including the fixing of the necessary quorum for the transaction of business, the mode of executing and authenticating the securities hereinafter mentioned, and the duties, discipline, and regulation of all officers and servants of the Board under this Act.
13. The Board shall be a corporation under the name Burrard Peninsula Joint Sewerage Board," and shall have perpetual succession and a common seal.
Powers of the Board.
14. The Board shall have power within the sewerage district, and without such district with the consent of the Lieutenant-Governor in Council, at any time to enter upon any lands without the consent of the owner thereof and to make all necessary surveys, and to construct, maintain, and operate such main sewers and other works operation of sewers in connection therewith as shall be required for a system of sewerage and sewage disposal and surface-water drainage within the sewerage district, which construction, maintenance, and operation shall be in substantial accordance with the report submitted to the Provincial Board of Health by the Joint Sewerage Committee, and filed in the office of the Provincial Secretary, or in accordance with any changes that may be made by the Board with the approval of the Lieutenant-Governor in Council; and for the above purposes the Board may enter into all contracts with any person or persons or bodies corporate for the proper carrying-out and execution of all works necessary for the construction, maintenance, and operation of the sewers and works aforesaid.
Report of Sewerage
Board may purchase lands and expropriate.
15. The Board may take by purchase or otherwise, sell, or exchange any lands, watercourses, frontage rights, rights-of-way,
or easements, and may take by purchase or otherwise any sewers, drains, culverts, or parts of sewers, drains, or culverts, necessary for carrying out under the provisions of this Act the works referred to in section 14 of this Act. When any lands, watercourses, frontage Procedure to rights, rights-of-way, or easements, or any sewers, drains, culverts, or parts of sewers, drains, or culverts, are so taken or entered and used in any manner other than by purchase or agreement, the Board shall, within thirty days of the said taking or entering and using, cause to be recorded in the Land Registry Office of the district in File in Registry Office. which such lands, watercourses, frontage rights, rights-of-way, or easements, or sewers, drains, culverts, or parts of sewers, drains, or culverts, lie, a description thereof, sufficiently accurate for identification, with a statement of the purpose for which the same are taken or entered and used, which description shall be signed by the chairman and at least one member of the said Board; and Payment of the fee of the lands, or if an easement or other estate less than the fee therein as is so specified and described, and the watercourses, frontage rights, rights-of-way, or easements, or sewers, drains, culverts, or parts of sewers, drains, or culverts, so taken shall vest in the Board, which shall pay in the manner hereinafter described all compensation, purchase price, and damages which may be sustained by any person or corporation by reason of such taking or entering as aforesaid; and which in default of an agreement being Arbitration. arrived at shall be decided by arbitration, pursuant to the provisions of the "Arbitration Act," by three arbitrators, one of the arbitrators to be appointed by each party, and a third by the two arbitrators so appointed; and the compensation paid hereunder shall be regarded as a portion of the cost of the works and be assessed and levied accordingly.
Right to use of
16. The Board may, for the purposes aforesaid, after having first obtained the permission of the Lieutenant-Governor in Council, carry any sewer or drain made by it under or over any watercourse or any street, road, railroad, highway, or other way in such manner as not unnecessarily to obstruct or impede travel thereon; and may enter upon and dig up any such street, road, railroad, highway, or other way, or in or upon any private or public lane, for the purpose of laying sewers on or beneath the surface thereof, and of maintaining and repairing the same; and in general may do any other acts and things necessary or convenient and proper for the purposes of this Act. In entering upon and digging up any such street, road, Regulation by railroad, highway, or other way of public travel, said Board shall municipality. be subject to such reasonable regulations as may be made by the Council of the municipalities wherein such work shall be performed. Before proceeding to construct any sewer or drain or any of the matters contemplated by this Act over any such street, road, railroad, highway, or other way, the Board shall give at least ninety
Street to be put in good order.
Board may change
watercourse or location or grade of highway.
Plans of new sewers
Board to have authority as to such sewers.
Sewer to be restored to
days' notice of such contemplated action to the municipality affected; but it shall be lawful for the municipality to waive the giving of such notice, or to shorten the period thereof.
17. Whenever said Board shall dig up any road, street, or way as aforesaid, it shall, so far as practicable, restore the same to as good a condition as the same was in before such digging began; and the Board shall at all times indemnify and save harmless the several municipalities within which such roads, streets, or ways are situated against all damages which may be recovered against them respectively by reason of anything done or omitted by the Board, and shall reimburse them for all expenses which they may incur by reason of any defect or want of repair of any road, street, or way caused by the construction of any of the said sewers, or by the maintaining or repairing of the same.
18. The said Board may also change the width, depth, grade, or direction of any watercourse, and may, with the consent of the Council of the municipality or municipalities affected by the change, widen or change the location or grade of any highway, public street, or other way of travel crossed by any sewers constructed under the provisions of this Act, or in which such sewers may be located.
19. Before any new sewer or drain is constructed by any of the municipalities in the sewerage district, or any alteration or connec tion or extension is made to an existing sewer or drain, plans and particulars shall be submitted to the Board on forms supplied by the Board; and such new sewer or drain shall not be constructed or alteration, extension, or connection made to any existing sewer or drain until the Board has approved of the plans and particulars submitted.
20. If any new sewer is constructed or alteration, connection, or extension is made to any existing sewer without the consent of the Board, the Board may, within three months after such construction, alteration, extension, or connection has been reported to them by its engineer, cause notice in writing to be given to the owner of such sewer requiring them or him to carry out such works as the Board may deem necessary as a consequence of such construction, alteration, extension, or connection, or they may require the owner to restore such sewer to its original condition; and if such notice is not complied with, they may direct that said works shall be done at the expense of the person in default, and may recover the expense thereof, with costs, in a summary manner by summons and order before a Justice of the Peace, in manner provided for the recovery, levying, and collection of fines and penalties under the "Summary Convictions Act," being chapter 218 of the "Revised Statutes of British Columbia, 1911."
21. Any person or persons who shall wantonly or maliciously Penalty for destroy or injure any sewer or other property held or used by said injury to property. Board by the authority and for the purpose of this Act shall forfeit and pay to the Board three times the amount of the damage that shall be assessed therefor, to be recovered by any proper action.
And every such person or persons may, on conviction of any of the Penalty.
of property not
22. (1.) The Board may from time to time, and at public sale, Right to dispose sell, lease, or dispose of any property, real or personal, no longer required. needed for the construction, maintenance, or operation of the sewers authorized by this Act: Provided that such sale shall not impair the maintenance and operation of such sewers.
(2.) Real estate so sold may be conveyed, subject to such ease. Conveyance to ments, reservations, and restrictions as said Board may deem necessary to secure the maintenance, renewal, and operation of said sewers, by deed duly executed by said Board.
(3.) The net proceeds of any such sales, after deducting all Application of necessary expenses incurred thereby, shall be paid in to the treasurer of the Board, and shall be credited to and form a part of the fund to be used in the construction or maintenance of said sewers.
23. Any money which may be received by the treasurer of the Application of Board from cheques deposited with said Board by bidders for work, and by said Board declared forfeited, and any sums received by said treasurer for breach of any contract made with said Board, shall be applied to the payment of interest on the loans made under the authority of this Act.
may be entered
24. (1.) The Board may enter into contracts with any person Contracts that or persons for the execution of any works directed or authorized into. by this Act to be done by the Board, or for furnishing materials or for any other things necessary for the purposes of this Act.
(2.) Save as hereinafter provided, every such contract shall be in writing, and shall specify the work to be done and the materials. to be furnished and the price to be paid for the same, and the time or times within which the work is to be completed or materials furnished, and the penalties to be suffered in case of non-performance thereof.
25. (1.) The power hereby granted to the Board to enter into Mode of contracting. contracts may be lawfully exercised as follows, that is to say:
(a.) Any contract which, if made between private persons, would be by law required to be in writing and under seal the Board may make in writing and under the common
Actions may be maintained.
Notice of action to be given.
Letting of contracts to be advertised.
seal of the Board, and the hand of the secretary and chairman thereof, and in the same manner may vary or discharge the same:
(b.) Any contract which, if made between private persons, would be by law required to be in writing signed by the parties to be charged therewith the Board may make in writing signed by the members thereof, or by two of their number, one of whom shall be the chairman acting by the direction and on behalf of the Board, and in the same manner may vary or discharge the same.
(2.) All contracts made according to the provisions herein contained, being duly executed by the persons contracting to perform the works therein comprised respectively, shall be effectual in law, and shall be binding on the Board and all other parties thereto, their successors, heirs, executors, or administrators (as the case may be).
26. In case of default in the execution of any such contract either by the Board or by any other party thereto, such actions or suits may be maintained thereon, and damages and costs recovered by or against the Board or the other parties failing in the execution thereof, as might have been maintained and recovered had the same contract been made between private persons only; but no such action shall be brought, nor shall any action be brought for any act or omissions or for any damages or injuries sustained by any person or persons or bodies corporate, or to any property, unless one month's previous notice in writing thereof shall be given to the Board; and any such action shall be commenced within six months thereafter and within one year after the right of action shall have accrued.
27. Except in cases of emergency, before any contract to the amount of five hundred dollars or upwards is entered into by the Board, three days' notice at the least shall be given in at least two of the daily newspapers circulating in the sewerage district, expressing the purpose of such contract, and inviting any person willing to undertake the same to tender therefor. The Board may accept the tender which in view of all the circumstances appears to it to be most advantageous, and shall take security for the due and faithful performance of every such contract.
28. The Board may compound with any party who has entered into any such contract or against whom any action or suit has been brought for any penalty contained in any such contract, or any bond or other security for the performance thereof, or on account of any breach or non-performance of any such contract, bond, or security for such sums of money or other recompense as the Board thinks proper.