1 CITY OF MOOSE JAW: AGREEMENT WITH BRITISH AMERICAN OIL COMPANY LIMITED c. 70

Transcription

1 1 AMERICAN OIL COMPANY LIMITED c. 70 An Act to confirm a certain Bylaw of the City of Moose Jaw and a certain Agreement entered into between the City of Moose Jaw and The British American Oil Company Limited being a Private Act Chapter 70 of the Statutes of Saskatchewan, 1934 (effective March 27, 1934). NOTE: This consolidation is not official. Amendments have been incorporated for convenience of reference and the original statutes and regulations should be consulted for all purposes of interpretation and application of the law. In order to preserve the integrity of the original statutes and regulations, errors that may have appeared are reproduced in this consolidation.

2 2 c. 70 AMERICAN OIL COMPANY LIMITED Table of Contents 1 Bylaw and agreement ratified 2 Power of city to acquire land 3 Retrospective

3 3 AMERICAN OIL COMPANY LIMITED c CHAPTER 70 An Act to confirm a certain Bylaw of the City of Moose Jaw and a certain Agreement entered into between the City of Moose Jaw and The British American Oil Company Limited (Assented to March 27, 1934) Preamble WHEREAS on the ninth day of February, 1934, bylaw No was finally passed by the council of the City of Moose Jaw, a copy of which bylaw forms schedule A to this Act; and Whereas by the said bylaw the Mayor and City Clerk of the City of Moose Jaw were authorized and empowered to execute on behalf of the City of Moose Jaw an agreement between the City of Moose Jaw and The British American Oil Company Limited, and to affix thereto the corporate seal of the said City; and Whereas the said agreement, a copy of which forms schedule B to this Act, was executed in duplicate as of the ninth day of February, 1934; and Whereas pursuant to the said bylaw and agreement the City of Moose Jaw proposes to sell and convey to The British American Oil Company Limited certain property in the said agreement described and to confer upon The British American Oil Company Limited certain rights, powers, and liberties, all as in the said bylaw and agreement more particularly set forth and provided; and Whereas there are certain lots in the area of the plot of land which the City of Moose Jaw has agreed to sell and convey to The British American Oil Company Limited which are not owned by the City of Moose Jaw and the said City has negotiated with the owners thereof for the purchase of the same; and Whereas the City of Moose Jaw has presented a petition to the Legislature of the Province of Saskatchewan praying for the ratification, confirmation and validation of the said bylaw and agreement notwithstanding that any of the terms, covenants, conditions and provisos therein contained conflict with any statutes of the Province of Saskatchewan, or exclude the application of any of the provisions thereof; 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:

4 4 c. 70 AMERICAN OIL COMPANY LIMITED Bylaw and agreement ratified 1 Bylaw No of the City of Moose Jaw which was finally passed by the municipal council of the said city on the ninth day of February, 1934, and the agreement between the City of Moose Jaw and The British American Oil Company Limited, executed as of the ninth day of February, 1934, which bylaw and agreement are set forth in schedules A and B respectively hereto, are hereby ratified, confirmed and validated in all respects and all the rights, powers and liberties granted by the City of Moose Jaw to The British American Oil Company Limited, and all the terms, provisos and conditions contained in the said bylaw and agreement are hereby declared to be of full force, virtue and effect to be legal, valid and binding upon the Crown and all persons and corporations notwithstanding any informalities, irregularities or defects therein either in substance or form or in the passing of the said bylaw or the execution of the said agreement, and notwithstanding that any of the provisions thereof may conflict with any statute or the City of Moose Jaw may not have had the power to pass the said bylaw or to enter into the said agreement or to grant the said rights, powers and liberties: Provided that all the provisions of this Act and the said agreement shall be subject to the provisions of The Public Health Act and any regulations thereunder. 1934, c. 70, s. 1. Power of city to acquire land 2(1) The City of Moose Jaw is empowered to purchase any or all lots situated in blocks 135, 136, 137, 139 and 140, in the City of Moose Jaw, according to registered plan Old Number 96, and, if it cannot acquire the said lots at a fair price by agreement with the owners, may expropriate the same in the name and on behalf of the City of Moose Jaw. (2) The Council of the City of Moose Jaw shall make to the owners of lots taken by the city in the exercise of this power compensation therefor, which shall be the value of the land taken, and any claim for such compensation if not mutually agreed upon shall be determined by arbitration in accordance with the provisions of The City Act and amendments thereto. (3) At any time after the passing of a bylaw by the council of the City of Moose Jaw for the expropriation of any lot or lots specified therein and included in the area to be transferred pursuant to the agreement in schedule A hereto, the judge of the district court for the judicial district of Moose Jaw shall, upon application to be made ex parte, fix a sum sufficient in his opinion to satisfy the compensation for the lot or lots, and upon payment into court of the sum so fixed the judge shall make an order vesting the title to the said lot or lots in the City of Moose Jaw; and when the said order is filed in the land titles office for the Moose Jaw Land Registration District the registrar shall forthwith upon payment of the proper fees issue a certificate or certificates of title to the lot or lots in name of the City of Moose Jaw. Expropriation proceedings shall be commenced forthwith after the passing of a bylaw authorizing the same and shall be continued to their conclusion without unnecessary delay. 1934, c. 70, s. 2.

5 5 AMERICAN OIL COMPANY LIMITED c. 70 Retrospective 3 This Act shall be retrospective in so far as respects anything done or agreed to be done in accordance with, or on the authority of the said bylaw or with a view carrying out the intention of the said agreement prior to the date when this Act comes into force. 1934, c. 70, s. 3. SCHEDULE A (Section 1) BYLAW No A bylaw of the City of Moose Jaw to authorize the execution of an agreement between the City of Moose Jaw and The British American Oil Company, Limited. WHEREAS it is deemed expedient that the City of Moose Jaw should enter into an agreement with The British American Oil Company, Limited, a true copy of which agreement is hereto annexed and marked Schedule A ; NOW THEREFORE the Municipal Council of the City of Moose Jaw enacts as follows: 1 That the said proposed agreement hereto annexed and marked Schedule A to this bylaw and which is hereby deemed to be part of this bylaw, be and the same is hereby ratified and confirmed. 2 That the Mayor and City Clerk of the City of Moose Jaw be and they are hereby required, authorized and empowered to sign the said agreement on behalf of the City and to affix thereto the corporate seal of the City. 3 This Bylaw shall come into force on the day of its final passing thereof. READ a first time this 9th day of February, A.D READ a second time this 9th day of February, A.D READ a third time and finally passed unanimously in Open Council this 9th day of February, A.D (Sgd.) James W. Hawthorne, Mayor. (SEAL) (Sgd.) D. Craven, City Clerk.

6 6 c. 70 AMERICAN OIL COMPANY LIMITED SCHEDULE B (Section 1) MEMORANDUM OF AGREEMENT made this ninth day of February, A.D BETWEEN THE CITY OF MOOSE JAW, hereinafter called The Party of the First Part AND THE BRITISH AMERICAN OIL COMPANY, LIMITED, a body corporate having its Head Office at the City of Toronto in the Province of Ontario, hereinafter called The Party of the Second Part. WHEREAS the Party of the First Part is possessed of certain property hereinafter described and has agreed to the conveyance thereof to the Party of the Second Part upon the terms and conditions hereinafter stated. AND WHEREAS parts of the said property have been excavated to obtain earth for filling purposes leaving wide and deep excavations and the whole contour thereof is badly broken. AND WHEREAS other parts of the said property are low, wet and marshy and require draining. AND WHEREAS much labour and expense will be incurred in filling, levelling and draining the said property before it will be suitable for any industrial, building or other purpose. AND WHEREAS the Party of the First Part has derived little or no revenue therefrom over a period of years. AND WHEREAS the Party of the Second Part has agreed as part of the consideration therefor to transfer to the Party of the First Part the North half of Block nineteen (19) in Prairie Heights Addition to the City of Moose Jaw in the Province of Saskatchewan as shown upon plan of record in the Land Titles Office for the Moose Jaw Land Registration District as No. L.2799, upon the terms and conditions hereinafter stated. WITNESSETH that in consideration of the premises and the sum of Seven thousand, seven hundred and fifty dollars ($7,750.00) receipt whereof is hereby acknowledged, the party of the First Part doth sell unto the Party of the Second Part the whole of Blocks One Hundred and Thirty-five (135) One Hundred and Thirty-six (136) One Hundred and Thirty-seven (137) One Hundred and Thirty-nine (139) and One Hundred and Forty (140) in the City of Moose Jaw as shown upon plan of record in the Land Titles Office for the Moose Jaw Land Registration District as Old Number 96.

7 7 AMERICAN OIL COMPANY LIMITED c The Party of the First Part further undertakes and agrees with the Party of the Second Part that it will, and doth hereby assent to the closing of the streets, avenues, and lanes within or adjacent to the boundaries of the said property as hereinafter described: (a) that part of Selwyn street between the eastern boundary of Fifth avenue S.E., and the western boundary of Eighth avenue S.E.; (b) that part of North Bridge street between the production southerly of the western boundary of Sixth avenue S.E., and the production southerly of the western boundary of Eighth avenue S.E.; (c) Those parts of Sixth avenue S.E. and Seventh avenue S.E. lying between the south boundary of Manitoba street east and the north boundary of North Bridge street; (d) all the lanes running through and within the boundaries of Blocks One Hundred and Thirty-five (135) One Hundred and Thirty-six (136) One Hundred and Thirty-seven (137) One Hundred and Thirty-nine (139) and One Hundred and Forty (140), all in the City of Moose Jaw as shown upon plan of record in the Land Titles Office for the Moose Jaw Land Registration District as Old Number 96; and will endeavour to procure the assent of the Government of Saskatchewan to such closing and to the conveyance thereof by the Department of Highways to the Party of the Second Part, and at the request of the Party of the Second Part will either make an application to, or join with the Party of the Second Part in making an application to the Master of Titles for the amendment of that part of registered plan Old Number 96 affecting the said property, and for the conversion of the said property into acreage, the total cost thereof and incidental thereto to be paid by the Party of the Second Part. 3 The Party of the First Part covenants and agrees that it will transfer or cause to be transferred the said property including that area which now is the streets, avenues and lanes which are to be closed in accordance with the preceding paragraph, if and when closed, to the Party of The Second Part, but subject to the conditions and reservations contained in the certificates of title thereto subsisting on the day of the date hereof by a transfer capable of registration under The Land Titles Act for the Province of Saskatchewan so as to est the said property in the Party of the Second Part, clear of all encumbrances, such transfer to be delivered on or before the 15th day of March, A.D The Party of the First Part covenants and agrees that when the said property has been converted into acreage that thereafter it will be assessed as acreage by the Party of the First Part while used for industrial purposes by the Party of the Second Part.

8 8 c. 70 AMERICAN OIL COMPANY LIMITED 5 The Party of the Second Part represents to the party of the First Part that it has acquired the property hereinbefore described for the erection of a refinery and other buildings and equipment for the manufacture and (or) distribution of gasoline, kerosene, lubricating oils, greases and petroleum products generally, and in the erection of such buildings and in the development of the said property for the purposes aforesaid the Party of the First Part covenants and agrees that there is not now and will not be imposed any requirements or restrictions as to buildings or equipment now on or to be erected upon the said property or any property now owned or subsequently acquired by the Party of the Second Part, and further that the Party of the Second Part in its application for a building permit will not be required to furnish any detail other than the total estimated cost of any building or improvement for which a permit is required. 6 The Party of the First Part further undertakes and agrees with the Party of the Second Part that it, the Party of the Second Part, at its own expense may connect with and use for fire purposes the high pressure water main owned by the Party of the First Part, and further that at the request of the Party of the Second Part it will either instal on the usual terms or permit the installation of hydrants for fire protection purposes, and further that at the request of the Party of the Second Part the Party of the First Part will connect the said property on the usual terms with the City s sewage system and that it will permit the discharge of water and waste products through the City s sewage system into the Moose Jaw River or elsewhere, provided that such discharge shall not injure or overtax the capacity of the City s sewage system or cause any additional expense to the City in the operation of its sewage system. 7 Subject to any rights acquired by the National Light and Power Company Limited and Iowa Southern Utilities Company of Delaware from the Party of the First Part in an agreement dated the 11th day of February, A.D. 1930, and subject to the right of the Party of the First Part to use the water of the Moose Jaw River for fire fighting purposes, the Party of the First Part will and by these presents doth assent to the use of the waters of the Moose Jaw River by the Party of the Second Part in the operation of its undertaking aforesaid and doth hereby assent to the discharge of waste waters by the Party of the Second Part into the Moose Jaw River at a point above and near the high pressure dam; provided, however, that such waste waters do not contain injurious or offensive matter to the extent of continuously contaminating the waters of the said river. 8 Should the Party of the Second Part subsequently desire to construct a conduit or flume for the discharge of waste products into the Moose Jaw River that it, the Party of the First Part, will and by these presents doth assent to the use of the streets and lanes of the City of Moose Jaw for the said purpose; provided, however, that plans and specifications for such construction are submitted to and approved by the City Engineer for the Party of the First Part, which approvad by the City Engineer for the Party of the First Part, which approval shall not be unreasonably withheld. 9 It is understood and agreed that a high tension power line owned by the Montreal Engineering Company Limited crosses the property hereinbefore described and the Party of the First Part covenants and agrees with the Party of the Second Part that it will, at its own expense, arrange for the removal of the said line and will permit the removal of the said line to the streets of the City of Moose Jaw.

9 9 AMERICAN OIL COMPANY LIMITED c Should the Party of the Second Part subsequently acquire other properties and desire to connect the plant situate on the property now owned or acquired under these presents with such other properties, the Party of the First Part will permit the use of the streets and lanes of the City of Moose Jaw for the purpose of such connections, which shall be installed and constructed in accordance with approved engineering practice and the plans and specifications therefor shall first be submitted to the City Engineer of the Party of the First Part for his approval, which approval shall not be unreasonably withheld. 11 The Party of the First Part undertakes and agrees that it will dump ashes from the City of Moose Jaw on the property hereinbefore described at such place or places as may be designated by the Party of the Second Part from time to time. 12 The Party of the Second Part represents to the Party of the First Part that it has acquired the property hereinbefore described for the manufacture and/or distribution of gasoline, kerosene, lubricating oils, greases and other petroleum products generally and that in the operation of its undertaking it will be guided and directed by approved methods, and the Party of the First Part covenants and agrees with the Party of the Second Part that it will not pass any bylaw or make any regulations that anything in the process or processes of manufacture or distribution as aforesaid or in the use of the property now owned or subsequently acquired for the purposes aforesaid shall be deemed a nuisance. 13 The Party of the First Part will apply to the Legislature for the Province of Saskatchewan for the ratification of this agreement and for such purpose will pass the necessary bylaws and will use its best endeavours to procure the ratification of this agreement by the Legislature for the Province of Saskatchewan, the cost of and incidental to such application to be paid by the Party of the Second Part. 14 The Party of the First Part covenants and agrees with the Party of the Second Part that for the purpose of carrying out the terms and conditions of these presents it will from time to time pass the necessary bylaws or amend any existing bylaws so as to bring same into conformity with these presents. 15 It is understood and agreed by and between the parties hereto that any rights conferred hereby and any obligations incurred hereunder shall continue so long as the Party of the Second Part carries on the business of the manufacture and/or distribution of petroleum products generally at the City of Moose Jaw. 16 The Party of the First Part further covenants and agrees with the Party of the Second Part that it will, at the request of the Party of the Second Part instal a culvert across Eighth avenue S.E. for the purpose of draining surface water from the property hereinbefore described into the Moose Jaw River. 17 It is understood and agreed by and between the parties hereto that a trunk sewer, being part of the City s sewage system, crosses the said property along Sixth avenue S.E., and the Party of the Second Part will and by these presents doth grant unto the Party of the First Part the right in perpetuity to maintain the said trunk sewer as presently constructed on the said property and the right of ingress and egress to and from the said property for the purpose of maintaining, repairing and making additions to or substitutions for the whole or any part of the said trunk sewer, and further agrees that no buildings or permanent structures will be erected on or adjacent to the said trunk sewer so as to interfere with the maintenance and repair thereof by the Party of the First Part, and will execute such further assurances as will carry out the intention of this paragraph.

10 10 c. 70 AMERICAN OIL COMPANY LIMITED 18 It is understood and agreed by and between the parties hereto that in the event of fire on the property of the Party of the Second Part all efforts toward fighting and extinguishing the said fire shall be under the control and direction of the manager of The British American Oil Company Limited at Moose Jaw aforesaid. 19 The Party of the Second Part covenants and agrees with the Party of the First Part that within six (6) months from the date hereof, it will deliver to the Party of the First Part a transfer of the north half of Block Nineteen (19) in Prairie Heights Addition to the City of Moose Jaw in the Province of Saskatchewan according to plan of record in the Land Titles Office for the Moose Jaw Land Registration District as No. L.2799 capable of registration in the name of the Party of the First Part clear of all encumbrances with taxes paid up and adjusted as at the date when the Party of the Second Part shall cease to occupy the said premises, provided however that the Party of the Second Part shall have the right to remove from the said premises all buildings and other improvements now situated thereon, leaving the same in a condition satisfactory to the City Engineer of the Party of the First Part. 20 It is understood and agreed by and between the parties hereto, and a condition upon which these presents are entered into, that for a period of Twenty (20) years from the first day of January, A.D the total annual taxes payable for all purposes (except local improvements) by the Party of the Second Part to the Party of the First Part on, or with respect to the property hereinbefore described, and Block K in the City of Moose Jaw as shown upon plan of record of the Moose Jaw Land Registration District as old Number 96, and amended by the Master of Titles Order Number C.M. 1912, and all improvements now on Block K or erected or placed upon the said properties, including Block K, within one year from the date hereof, shall be the sum of Three thousand dollars ($3,000.00); and for the year 1934 the total taxes payable by the Party of the Second Part to the Party of the First Part for all purposes, except local improvements on or with respect to the said properties, including Block K, and all improvements thereon, shall be the sum of Fourteen hundred and thirty dollars ($ ), which said sums shall be payable and collectable in the same manner as provided for the collection and payment of taxes by the Party of the First Part. 21 The Party of the Second Part shall also pay taxes at the regular rate as struck from time to time upon the assessable value of all improvements erected from and after one year from the date of these presents upon the property described in the preceding paragraph; provided that replacements of any part of the Company s plant to the value of the plant replaced shall not be deemed assessable improvements. 22 The Party of the Second Part covenants and agrees with the Party of the First Part that within one year from the date hereof it will expend on the erection of an oil refinery and accessories thereto on the property hereinbefore described, including the said Block K, not less than the sum of Two hundred and fifty thousand dollars ($250,000.00).

11 11 AMERICAN OIL COMPANY LIMITED c This agreement shall become effective when, and only when validated by act of the Legislature of the Province of Saskatchewan. 24 These presents shall extend to and be binding upon the successors and assigns of the parties hereto and each of them. IN WITNESS WHEREOF the parties hereto have hereunto affixed their corporate seals attested by the signatures of their proper officers in that behalf. SIGNED, SEALED AND DELIVERED: THE CITY OF MOOSE JAW, (Sgd.) James W. Hawthorne, Mayor. (SEAL) (Sgd.) D. Craven, City Clerk. THE BRITISH AMERICAN OIL COMPANY LIMITED, (SEAL) (Sgd.) A.L. Ellsworth, President. (Sgd.) P.W. Binns, Secretary.

12 12 c. 70 AMERICAN OIL COMPANY LIMITED REGINA, SASKATCHEWAN Printed by the authority of THE QUEEN S PRINTER Copyright 1999