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5. The expense of conveying the electric current for sup-Oost, how borne. plying such light or power to houses, buildings, premises or establishments which are to be supplied with light or power under this Act, from the main, and the wiring thereof, shall be borne by the owner or the town, as thị Council may
6. The Council may employ and pay a competent engi-Engineer.
7. The Town Council may, from time to time, at such Power to extend times as they may deem expedient, improve, extend or en
plant. large the electric light and power system of the town, or make repairs, erect poles and do all things necessary to afford a sufficient supply of light and power.
8. For the purpose of raising the necessary funds to power to obtain for the town of Wolfville the said electric light and power system, and to carry into effect the work and purposes contemplated by this Act, the Town Council are hereby authorized and empowered to make and issue, from time to time, or otherwise, as may be deemed expedient, debentures in the form specified in schedule “A” to this Act, bearing interest not exceeding four per centum per annum, 'payable half-yearly, and redeemable at periods not exceeding thirty years from the date of issue thereof, provided that the whole amount of such debentures shall not exceed the amount of twenty thousand dollars. Such debentures shall not be issued for a less sum than one hundred dollars each, and shall be signed by the mayor and town clerk of the town of Wolfville, and sealed with the town seal.
9. The said debentures, when so issued, shall be a charge Chargeable on on all the property, real and personal, of the town of Wolf property. ville, and of the inhabitants thereof within the said town, and the Town Council shall each year estimate and assess for such sums of money as may
the interest to become due and payable to the holders of such debentures during the year. The said sums shall be included in the estimate of sums required for the purposes of the town for the then current year, to be made by the Town Council, pursuant to the statute in such case made and provided, and shall be enforced and collected in the same manner as the other sums provided for in such estimate.
be necessary to pay
Money, how applied.
10. The proceeds of such debentures, when issued, shall be placed in the custody of the Town Council, and shall be applied by the Town Council in carrying out the purposes of this Act, and for no other purposes whatsoever.
11. The Town Council shall annually add to the estimate of the amounts required for the general purposes of the town of Wolfville, such sums as the town council shall, by resolution, determine, not, however, less than two per cent. of the amount borrowed hereunder, and such sums shall be rated annually upon the property and income of the ratepayers of the town of Wolfville; liable to assessment, and shall be levied and collected at the same time, and in the same manner, and with the same remedies as other rates and taxes.
12. Such sums so included in the estimates, as mentioned in the next preceding section, when collected, shall be deposited in some chartered bank in the Province of Nova Scotia, to the credit of an account to be called “The Town of Wolfville Electric Sinking Fund,” or the same may be from time to time invested in any securities legally available for the investment of trust moneys. Such sinking fund, and the interest thereon, shall be used for paying off the principal of the debentures issued under this Act, when the same mature and become due, and for no other purpose whatsoever.
Deficits, how provided.
13. The Town Council may, in any year, include in any estimate of expenditures for the town made under the statute in that behalf, and rate for and collect at the same time, and in the same manner, as other sums provided for in such estimate, such sums as they may deem requisite to provide for any deficit that may be incurred in the operation of the said electric light and power system, or which they may consider likely to be incurred for the current year of such operation.
14. The Town Council shall have power to make, and from time to time repeal, alter and amend all such by-laws, rules and regulations, as shall be deemed necessary for fixing the rate of charges to be paid by the inhabitants of the town and vicinity for private lights, and for electric power, and for the collection thereof; and for the proper management, control and operation of the electric light and power system of the town, acquired and installed under the provisions of the Act; also for the appointment, tenure and payment of all such officers and employees, as may be deemed necessary for the operation and management of the said system, and for the preservation and protection of the property thereof, and generally all such other by-laws, rules and regulations as may be found necessary or expedient, from time to time, for the efficient carrying out of the provisions of this Act; and by such by-laws, may affix penalties by fine and imprisonment for violations thereof, such penalties to be enforced in any manner provided by law for enforcement of other town by-laws.
15. Before any by-law, rule or regulation, passed by the Approval of Town Council hereunder, shall have the force of law, the same shall be approved by the Governor-in-Council.
16. Persons offending against the provisions of any by- Offenders. law, made or brought into force under the authority of this Act, may, when so provided by such by-laws, be arrested on view by any peace officer of the town, and confined in the town lock-up until he can be duly brought before the stipendiary magistrate.
17. The town shall have power to sell electricity for May sell
electricity. any purpose, to any person, tirm, company or corporation within the town of Wolfville and its suburbs and vicinity; and within the town limits such power to sell shall be held and exercised exclusively by the said town.
18. In constructing, installing, repairing, altering or General powers. operating the electric light and power system and plant, by this Act contemplated or provided for, or for controlling or regulating the use of electric light and power, the Town Council and its servants, agents and workmen, shall have full power, and they are hereby authorized, from time to time, as occasion may require, to enter upon any lands, tenements and premises, and remain thereon as long as they may deem necessary for the proper completion of the work. and may make excavations therein, as may be deemed expedient, and may acquire any such lands and premises, and for such purposes shall have all the powers of expropriation conferred in any other cases upon town councils under" The Towns' Incorporation Act," and if deemed expedient, the Council may enter upon and take possession of such land, tenements or premises, before taking steps to expropriate the same; and all damages for such entry or taking, unless the Council can agree with the owner therefor, shall be assessed in the manner provided in similar cases, under “The Towns' Incorporation Act,” or under section 4 of this Act.
May acquire lands.
19. The Town Council may use, adopt or provide, for either water power, steam or other power for generating electricity, or for the purposes of this Act, as such Council may deem best, and for the purpose of obtaining power, or for any other purposes under this Act, the said Town Council are hereby authorized and empowered, before commencing proceedings to expropriate or otherwise, from time to time, and all lands within the town of Wolfville, or county of Kings, and to enter upon, at any and all times, all lands within the town of Wolfville, or county of Kings, and to enter upon at any and all times, the bed of any river, stream, lake or water-course therein, and to build, dig or make dams, reservoirs, excavations and other works wherever necessary, and to cause water to over-flow the land bordering on any such river, stream, lake or water-course, and to take from such river, stream, or water-course, such quantity or quantities of water as may be required, and in any and every way to do, make and perform all and any work or things that may be deemed necessary or expedient for carrying out the intentions and purposes of this Act.
20. The said Town Council shall have power and are hereby authorized, whensoever they deem necessary or expedient, for the purposes in this Act provided for, to acquire, by purchase, lease or expropriation, any lands, buildings, waters, or other property in the said town or county, and the proceedings for the expropriation of such lands, waters, buildings, or other property, and for the assessment of any and all damages for the taking, use or occupation thereof, shall be, so far as applicable, the same as provided by “The Towns' Incorparation Act,” in similar cases, or the proceedings set out in section 4 of this Act.
21. The Town Council shall have power to acquire and take over all of the electric light property, plant, and the franchises, if any, of the firm in said town, known as “ The Acadia Electric Light Company,” as a going concern, and shall pay
therefor such sum or sums as may be mutually agreed upon, or, in case of disagreement, or of refusal, or neglect of the firm to treat with the town, as shall be determined to be the actual present value thereof by arbitrators, whose appointment, proceedings and award shall, so far as applicable, be in accordance with the provisions of The Arbitration Act” and upon payment of such sum or sums, the said property, plant and franchises, shall become absolutely the property of the town.
May take over
22. Notwithstanding anything hereinbefore contained, Notice. the Town Council shall, before proceeding under this Act, notify the said firm, in writing, that they intend to proceed, and if the firm thereupon demands, in writing, that the town take over all the said electric light property, plant and franchises of said firm, or if the Council and said firm cannot agree as to the part thereof to be taken over, or if said firm fails or refuses to treat with the town, then the Council shall proceed and acquire, as in this Act provided, for the town, all the said electric light plant, property and franchises of said firm; otherwise the Council may acquire only such part thereof as may be mutually agreed upon between the Town Council and said firm.
23. Notwithstanding anything hereinbefore contained, Delay. it shall not be necessary for the Council, after giving the notice required by the last preceding section, to delay operations under this Act, pending the completion of any proceedings taken to acquire the property of said firm.
24. Neither the town of Wolfville nor its officers, agents Damages for or servants shall be liable for damage caused by the shut- light. ting off of electric light or power by reason of accident or for purposes of repairing, maintaining, altering or removing any of the machinery or plant; provided, that in the case of shutting off for repairs or alterations, reasonable notice, when possible, shall be given.
25. The lands and buildings and all machinery and plant Property legally to be acquired by the town of Wolfville, under this Act, and all works constructed under the provisions hereof, shall be deemed, and taken to be, the property of the town of Wolfville, for all legal purposes.
26. The production of a copy of any by law, ordinance, Evidence of regulation, rule or resolution, passed by the Town Council by-law. under the provisions of this Act, or any amendment hereof, certified under the hand of the town clerk, and the seal of the town of Wolfville, shall be sufficient evidence in any court of justice of the passage, existence and approval of such by-law, ordinance, regulation, rule or resolution without proof of the official character of the town clerk, of his signature, or of said seal.
27. (a) Notwithstanding anything in this Act herein- Operations to be
before contained, if the amount awarded by the certain event.