526

Date 1912-04-02

From 526

resned that any other who talks ay place in is Is repre- le real s- et frontage was foolish d indebted. of the Mun- ant tor if it t rallway? nything she ill grow as doing lots direct taxes on has been ANCE AND D FOR IT, UTILITIES? uild, consider Don t be per- CHEAP LUM- cheap use the ave it, and ev- Ider requires. k of LUMBER, FIR FINISH, fAPLE, BIRCH RI agency for the an Doors, BEAUTIFUL D FIBRE, LATH POSTS, WIL POSTS. VER ; .RD BER PEOPLE PHONE Tuosday, April 2, 1912. MEDICINE HAT DAILY NEWS 1 Page 8 ELECTR The Medicine Hat Electric Railway Charter as READ THIS CHARTER AND PRESERVE IT AS ie anxious to assist the voters sideration any one can understan BILL lt; - NO. 78 OF 1912 i AN ACT TO INCORPORATE THE MEDICINE HAT ELECTRIC RAILWAY COMPANY... (ASSENTED TO 1912) WHEREAS a petition has been presented praying for the incorporation. of 4 Company. to construct and operate a railway as hereinafter set forth, and it is expedient to grant the prayer of the said petition; of Therefore His Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Alberta enacts as follows: 1. Albert F. Krapfel, Agent; David W. Brown, Agent; and Warren Overpack, Manufacturer; all of the City of Medicine Hat, in the Province of Alberta, together with and turnouts which shall be subject to the approval pf the such other persons that become sharcholders In the Com- pany, hereby incorporated, are hereby constituted a body corporate under the name. of THE MEDICINE HAT ELECTRIC RAILWAY COMPANY, hereinafter called the Company. -2, The- head-office of the- Company shall be Inthe City of Medicine Hat, in the Province of Alberta. 3. Several clauses of THE RAILWAY ACT OF - ALBERTA shall be, and the same are here; with and shall be deemed to be part of this apply to the tald-Companx and to the Railw structed by. them, incorporated ct, and shall dx to be con- cepting so far as the sam consistent with th express enactments.hereof, and the expression this Act when used herein shall be under- stood to include the clauses of the said Railway Act as aforesaid. 4 The Company may lay out, construct, maintain and operate lines of railway with a guage of four feet eight and side tracks one half inches, with al necessary switche: ears, carriages and other vehicles upon,-along and-under- roads, road allowances, streets, highways, lanes, alleys ard other lands acquired or permitted to be used for the purpose, from a point within the City of Medicine Hat, 8 th tartin he co of Montreal: Street and Fo Avenue; thence along Montreal Street to South Railway Street, thence south along South Railway Street, to a point in the dividing line between the North-Hast and North- West quarters of Section 29, Township 12, Range 5, West of the 4th Meridian, thence South-Easterly to the City Limits and also at the junction of Columbia Avenue and South Railway Street; thence South and South-West along - Columbia Avenue to Whiffin Street; thence in the most direct practicable route to the Valley Road; thence South along Valley Road to the edge of the City limits at the South boundary of the South-East quarter of Section 30 in Township 12, Range 5, West of the 4th Meridian, or as near to this route as may be convenient and practicable, so long as it is continuous; with the right of projecting branch Une to the works of the Alberta Clay Products Company, Limited, in the City-of Medicine. Hat, aforesaid, and elsewhere at the request of the City Council, to the works of other industries in Medicine Hat, such request to be expressed by by-law, all such branch lines to be sub- ject to the approvai of the Council of the City of Medicine Hat and subject to the assent first had and obtained tw thirds of the burgesses of the City of Medicine Hat voting lt; thereon in accordance with the provisions of the Title XXIII of the Medicine Hat Charter. (a) From either of the points above described at the Umits of the City of Medicine Hat or any exten- sions thereof to a point within or near Dunmore, 80 called east of Medicine Hat, with the right to conduct the said raflway back by a different ieee beeen br: IC R By-Law in conn every way to gain a proper mdi, Remember, this Charter do lt; any Tight or powers herein otherwise conferred) shall exceed ten per cent. on the shares subscribed. shall be held in. the first Tuesday of December of each year, or at such other date as may be fixed by the directors ection with t route without the City limits to the starting point over elther of the routes defined within + the city of Medicine Hat: (b) From elther of the points above described the limits of the City of Medicine Hat or apy extensions thereof to a point at or near Blk Water Lake, so called south-east trom the sald City. (e) The construction, laying out and maintenance termin of Switches, side tracks and turn-outs within the City of Medicine Hat shall be subject to the approval of the Council of the said City. S. Subject to the Railway Act of Alberta the Company Fee (a) Carry on the business of manufacturing, aise tributing or supplying electricity and gas for lighting, heating,. power and other purposes, without the limits of the City of Medicine Hat; and subject to the consent and approval of the ey Minister of Public Works for Alberta; (b) And may for the purvose of the Company, of any of them, have, hold, possess, purchase, take, recelye, lease, possess and enjoy avy house, lands, water lots, wharves, tenements whatso- ever, in fee simple, ea ise howsoever, erty, sonal and mixed, and also give, grant, let, sell, assign, or convey the same, or a part thereof, as shall be thought necessary and proper, for the Denefit and advantage of the sald Company. 6. The erection of poles and laying of tracks within the Umits of the City of Medicine Hat shall be subject to the approval of the Council of the said City; any bridges constructed within the said limits shall provide proper facilities for general traffic. 7. The number of directors of the Company shall not be less than five, nor more than eleven. 8 The capital stock of the Company shall. be: 500,000.00 divided into 5,000 shares of ( 100) one hund- red dollars each, and may be called up by the directors from time to time, as they deem necessary, but no. BUCH CO (a) The Company may issue as fully paid up stock both common and preferred shares of the Com- pany;-and it may also (but not so as to limit upon such terms as the directors may deem for the interests of the Company pay and allot such shares in payment of right-of-way, plant, rolling stock, or materials of any kind; and may also on such terms as the directors may deem for the interests of the Company, pay and allot such fully paid up shares.in payment for ice or work done by contractors or engi. and may upon sucl terms as.the directors may deem for the interests of the Company, allot any pey over such fully paid up shares in whole or partial payment of the purchase, lease or other acqul- sition of the lands and other property which the to acquire, or con- struct or own. The issue, allotment and pay- ment of such fully paid shares by the directors of the said Company . shall be binding upon the Company and shall make the same fully paid sbares; and the same shall not be assessible for or subject to any calls. for purpose whatever, and the hold shares, allotted and paid as aforesaid shall not be subject to any personal lability whatsoever in respect thereof. 9 The annual general meeting of in Council. rs or other persons; anytime, the shareholders 11. When a street, road or highway upon track or tracks of the Company has been laid fs to be paved by any municipality or any town in a permanent manner the Company shall retuove its tracks or tracks and substructure, and replace the same according to the best modern practice of paving, according to the manner adopted on the rest of the road, street or highway with approved. rails, points and sub-structures of such des- cription ag may be determined on by the said municipality or town as most suitable for the purpose, and under the provision thereof, 12. The Company shall lay and maintain its tracks in conformity to the grade or grades of the street as estab- lished by and municipal Council, and therein at its own expenee locate and lay its tracks so as to conform to any change of grade any-such-Gouneil,-on-any-or all streets in which said tracks may be. 13. In the construction of ts work or repairs thereof, and in the operation of the road, the Company shall make disposition of the earth, snow and other material removed from the streets, roads and highways of all munictyalities, towns and cities respectively as shall be directed by the Councils thereof. 14 The Company may enter into an agreement with another Company of Companies for conveying or leasing to such Company or Companies the railway of the Com- pany hereby inc rights or powers acquired under surveys, plans, works, plant; macerial, machinery and other property to it belonging, conditions as are agreed restrictions as to the directors may seem fit, provided that such agreement has been. first of the votes at a special general meeting of the share- holders duly. called for-the purpose-of-considering the same, at which meeting shareholders representing at least two-thirde-of-the value of the stock person or represented by proxy, and that such agreement has also r ceived the approval of the Lieutenant-Governor houses subject the said Company, an proper facilities therefor. and take over the whole or any of the Company which may the said City, either as sucl of the passing of this Act any time hereafter, upon g notice of intent way line and the City of such railway line so acquir regard to franchise rights or earning to be computed on the actual cost of constr acquiring property for the purpose of the Company, sub- AILWAY CHARTER granted by the Provincial Government is hereby printed in full. WE SHALL REFER TOIT Rape LY BEFORE THE VOTE IS TAKEN. Charter, it is the duty of every voter to give the question careful thought. The Incorporators of the Com -are knowledge of*the terms of the Charter. Study it carefully. It.was made as-plain and simple as posaitile By careful pending end Gon: from time to time, due notice of such change to be given to the shareholders. s 10. The Company may issue bonds, debentures or other Securities to the extent of 15,000.00 per way, oF ft branches and sucl securities may be issued only in proportion to the length of railway constructed or under contract to be constructed and a sum not exceeding one ( 100,000.00) for the purpose of acquiring and equipping onds, whole or in. pari porated in or upon, the subject to. 15. The construction of the railway hereby authorized shall be commenced within one year, and shall be com- pleted within five years from the date of the coming into force of-this Act. 16. The Company shall at all stations upon their rail- way, alwa s permit loading of grain and all other farm productsinto. cars from farmers vehicles or flat ware- to reasonable regulations to be made by shall at all reasonable times afford anything in this Act notwithstanding, to acquire part of the railway be or as tion so to acqui r mile of the rail- febentures or other hundred thousand dollars which a this Act, as also the or for the amalgamation to. such sanctioned by two-thirds re-present in within the boundaries of h boundaries exist at the ume they may be extended at iving the Company six months ire and take over such rail- shall pay to the Company the value ed and taken over, without powers; such value uction and of not infringe in any way on the principles of Municipal Ownership. Ject to reasonable depreciation and it the Company and the City shall be unable to agree as to the value of same, : then the amount shall be fixed and settled by arbitration of three arbitrators, one to be appointed by the City and one bythe Company and a third by th first named arbitrators in writing before they. enter on the business of the reference; if such two first named arbitrators are unable to agree on a third, such third shall be the district judge of the judictal district in -wHich Medicine Hat may at the time be situate; and if either party, shall refuse or neglect to appoint an arbitrator within ten days after the other party shall have appointed an arbitrator, and shall have served a written notice upon the first mentioned party requiring such party to make sych appointment, then the first appointed arbitrator 1, at the request of the party appointing him, proceed to. hear and determine the matters. in difference as ithe were a single arbitrator appointed by both parties for the purpose, and the award or determination which shall be made by the said arbitrators, or a majority of them, or by the safd single arbitrator, shall be final and binding upon e said City and Company with respect to the sald quisition and taking over of the said works. (a If the City shall acquire and take over ne whole or any part of the railway line of the Company within the limits of the sald Ov, che Company shallbe hititled to have ruining rigsts cver that portion of the line of -ailway 80 acsuined by the City within the Cty Bo that the Company may be enabyad propert to operate its lines of railway o a complete system; ang such running right, shall cover a period of not ore than tv;en y years from the date upon whici: the sai? City may have acqui- red and taken ove, the saz railway line or any part thereof as aforvsair: in such case provis- fon shall be made for the keeping of a proper system of accouyts oetween the City and. the Company; and the terms and conditions upon which the Company shall have cunning rights : for the afcresid period within the City shall, the sserce Of Mutual EgTECuEM With spect taersto and expressed by br-law of the said Zit, be subject to the right of appcal by the City or the Company to the Ministe gt; of Railvays and Telephones for the Province 7f Averta. 15. In the event of the City of Medicine Hat taxing vyer tis railway line of the Company. as- provide? in Secticu 17 hereof, the said City shall not stow the sald railway Mn to become idle or fall into zsuse; nor shall the said Ch gt;: seh, let, assign, transfe7, or otherwise dis- pose of the game to any person or lt;orpezation whatsoever, without having givcn the sai? Comzany the first chance to reacquire the said r2Uway linc on the-same conditions and at a price to be Pacerrelued as provided in the said Section 17. In tbs evep* of che sai City allowing said railway line to vecow , tdie, or fai into Aisuse or if such railway line shal? aot be kept in a y gt;oper ond sufficient. state of epair ce said company shall be entiird there- a upor, corth :ch to reacquire the said railway ine ax tt is rovide? m Section 17 hereof for the acquiremen ther.7 fiy ue City. 19. This Act shall not become dperative In so tar as It concerns the exercise of any or all of the rights, privileges or powers of the Company within the limits of the City of Medicine Hat or any extensions thereof that may be made from time to time, nor shall the Company construct or operate its railway along any of the said routes within the City of Medicine Hat unless and until the Company shall have first obtained the assent and approval theroto of the City of Medicine Hat expressed by By-Law of two- thirds of the burgesses voting thereon in accordance with the provisions of Title XXIIi. of the Medfcine Hat Charter. any line BY AN AGREEMENT WITH THE CITY THE TWO CLAUSES CROSSED OUT HAVE BEEN WAIVED BY THE COMPANY AND THEY ARE NO LONGER PART OF THE CHARTER. The above Charter is rather dry reading, Any legal document is. ag time passes. We have something of interest to say TON in the News Block, size, well lighted, jodern conveniences. Office. OAL MINING KEGU- TIONS. ghts of the Dominion. ya, Saskatchewan and tories and in por- nee of British Colum- for a term of ; at an annual rental Not more than 2,560 sed to one applicant. ca lease must be yplicant in person to ub-Agent of the dis he rights applied for ritory the and must sections, or legal sub- ons, and in unsur- the tract appiied for out by the applicant fon must be accom- of 5 which will be re- ights applied or are ut not otherwise. A paid on the merchant- he minw at the rate of mn. perating the mine shall pal mined and pay the . If the coal mining operated, such returns Ished at least once a include the coal min- but the lessee may be chase whatever avall- ghts may be considered he working of 46-00-aI RCTS. formation application le to the Secretary of t of the Interior, Ot- y Agent or Sub-Agent nda, W. W. cORY, inister of the Interior, thorized publication of ent will not be paid for, : stood. plain straightforward legal right to his opinion, but his opinion should be based on facts and I-docum We shall discuss it from day to day Weare going to tell the public al to the people. not on fiction. bout th in the columns of the News and shall try to 1 We are anxious lorsed by every fair-minded person. Every man has the rr. e terms of the Charte: e the discussion more interesting ENS t it should be discussed and under- : : i WE HAVE FAITH IN THE INTELLIGENCE AND FAIRNESS OF THE PEOPLE OF MEDICINE HAT. WE KNOW THAT WHEN THEY UNDERSTAND THIS CHARTER THEY WILL VOTE FOR IT. PeeRe Rie: peieiieit nine PEPPER bee ni ibfefeleieieinininint feleleinininininininininivioleloinfelefeta inte BY-LAW NO. And whereas the said E. D. Bennett revised assessment foll thereof is By-law shall come into to sitoriee Hig ark eb torceon-tine- gate of-the-tinnl-paseing the tnsue-of doventuria of the City 6 pet hae for aie sasossnd OO Medicine Hat to the amount of 5,- H. BAKER, City Clerk. A By-law to authorize the issue of debentures of the City of Medicine Hat to the amount of 5,000.00 for the purpose of improving the property known as Central Park, lars ( 5,000.00) the said park and sum of Sixteen of part of the City of Medicine Hat of record in the Land Titles Office for the South Alberta Land Registration District as number 1182 M. a Park is shown thereon. And whereas a disagreement has arisen as to the ownership thereof. And whereas an action is now pen- ding between the City of Hat and one B, D, Bennett in re- spect thereof. 2 City of Medicine Hat. And whereas the able tu accept the said proposal. And whereas cine Hat the sum dollars ( 5,000.00) expend the sum of five thousand dol- in improvements on will donate the thousand dollars ( 16,000.00) to The Young Women's Christian Association that he will give a transfer of the said park to the Council of the City of Medicine-Hat deem it advis- 7 in order thereto it will be necessary to raise by way of debentures of the sald Cit yot Medi- as hereinafter provided (which 1s the amount of the And whereas the amount of the ex- febenture debt of the said Municipality 1s 947.966.86, of which no principal or interest is in arrears Therefore the Mun cipal Corpora- tion of the City of Medicine Hat hereby enacts as follows: 1, The sum of 5000.00 shall be ex- pen in the improvement of the above property, and for the purpose of raising the said gum debentures shall be issued in sums of not less than 1000.00 cach, on the Ist day of October, 1912, each of which sald debentures shall be dated on the 1st Sf October, 1912;and shall be pay- able on the ist day of October, 1932, at the chief office of the Bank of bentires to be applied for poses and for no other. : And whereas the total amount r quired to beraised annually by spec- fal rate for paying the sald debt and interest is the sum of 401.21; whereof 250.00 is to be raised ually for payment of interest ac- cruing during the currency of the said debentires, and - 151.21. is to be raised annually for the purpose of creating a sinking fund for pay- ment of the debt secured by-sald-de- dentures. ss And whereas the amount of the whole rateable property of the City of Medicine Hat according to the last. ---- OENTRAL PARK. - - 785.00 50 feet, block 11. 650.00- 41 feet, block 21. 800.00 3714 -feet, block 5. 950.00 50 feet, block 3. TOWNSITE 1475.00, Terms 50 feet, block 91. 650.00, Terms 50 feet, block 99. 900,00;-Terms 50 feet, block 81. 900.00, Terms 50 feet, block: 82. SCHOOL ANNEX 825.00 50 feet, corner, block 21. ESPLANADE 3000.00 100 feet, block D. With small house, 1100.00, Terms 100 feet, block 8. 2750.00, Terms -10 lots, block 1 600.00 50 feet, block 9. A 475.00 50 feet, bloek E. 700,00,.Terms Lot 8, block 14. 12,500.00 -50 feet, Toronto St. N. - 17,500.00 50 feet, Toronto St, 8. Montreal at Medicine Hat, Toronto, Montreal or Winnipeg. 2. Each of the shall be signed by the Mayor and Treasurer of the said City and the Clerk of the said City shall attach thereto the corporate seal of the mun- cipality. interest at the rate of five per centum per-annum payabie yearly at the satd branches of said bank on the Ist day of October in each and every year during the currency thereof, and shall have attached to them coupons for the payment of safd interest, which said coupons shall be signed by the said Clerk. 4, During the currency of the sald 7. YUILL NORTH : YUILL SOUTH . debentures there shall be raised an- a te nually by special rate the sum 850.00, Terms Lot 1, block 11. FAH fot 250.00 for payment of in- terest on said debentures, and the sum of 151.21 for the purpose of cre- ating a sinking fund for payment of the debt hereby secured, making in all the sum of 401.21 to be raised an- nually by special rate aforesald dur- ing each of the said twenty years. BUSINESS ze te is office for the pur- Said debentures pose of appointing persons to attend 3. The sald debentures shat bear vely. Clerk, the Herbert hereof, Phe votes of the Burgesses of the said City shail be taken on this. By-law on the 12th day of April 1912 commencing at the hour of nine o - clock in the forenoon and continuing until five-o'clock in the afternoon of the same day at the following places by the following Deputy Returning Officers, that is to say for Wards 1 and 2 at the City Hall by T, C. Blat- ehford, Deputy Returning Officer and for Wards 3 and 4, at the Court House by J. H. G. Bray Returning Officetr. sues te 7. Herbert Baker shall be return- ing officer. 8 On.the 11th day of April 1912 at 10 o'clock in the forenoon the Mayor the various polling places and at the final summing up of the votes by the Returning Officer on behalf of the persons interested in the promoting or opposing of this By-law. respecti- Baker; shall attend at hts office-tr the City Hall at ten o'clock in the Yorenoon on the 13th day of April 1912 to sum up the numberof votes for and-cgainst this By-lay. Read a first time this 18th day of March i922. - NELSON SPENCER, Mayor H. BAKER, Clerk. Read a second time this 18th day of March 1912. NELSON SPENCER, Mayor. H. BAKER, Clerk. PUBLIC NOTICE s hereby given that the foregoing is a time copy of 000.00 for- the purpose of improving the property known as Central Park, which hes been fully intro- duced and.which may ve finally pass- ed (in the event of the assent of the burgesses being obtained thereto) al ter one month from the 19th day of March, 1912, that being the day upon which this riotice is first. published in the Medicine Hat News; and upon the 12th day of April, 1912, the vot- ing thereon will be held between the Hours-of- nine o'clock in the forenoon and five o'clock-in the afternoon at the following places fixed for taking votes of the burgesses: For voters Loose Leat System The News Job Department has every facility for sup plying the most satisfactory. F.S. LYON CONTRACTS FOR : HEAVY TEAMING : GRADING AND EXCAVATING Gravel and Sand for Saie, Yuill Street. Phone No. 415, 4 P. 0, Box 31. Be Wards 1 and 2 at the Council Cham- ber in the City Hall; for voters in Is a Good Investment, But. Real Estate Inside of the body is not good. You will get your allot- ted piece of dirt soon enough without drinking the water in its present condition. Guard your health, leave water alone and to quench your thirst phone 122 for some of the famous ; SHAMROCK BOTTLING WORKS Soft Drinks, any flavor, deliy red to any part lt; gt; sof the City. een

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Attribution Image 526 (1912-04-02), from microfilm reel 526, (CU1743075). Courtesy of Early Alberta Newspapers Collection, Libraries and Cultural Resources Digital Collections, University of Calgary.