The Perth Municipal Gas and Electric-Lighting Act 1911 (WA)

WESTERN AUSTRALIA.

ANNO PRIMO

GEORGII QUINTI REGIS,

XIII.

M***********M M************ ****************M*****

No. 2 f 1911.

AN ACT relating to the acquisition by the City of Perth of the Works of the Perth Gas Company, Limited ; and to transfer to and vest in the City of Perth the rights, powers, privileges, and authorities of the Company ; and to authorise the Council of the City of Perth to borrow money for the purchase of the said Works.

[Assented to 19th January, 1911.]

Legislative Assembly of Western Australia, in this present Parlia- BE it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and

ment assembled, and by the authority of the same, as follows:—

1.    This Act may be cited as The Perth Municipal Gas and Short title.

Electric Lighting Act, 1911.

2.    In the construction of this Act unless the context otherwise Interpretation.

indicates

(a.) "The Company" means the Perth Gas Company,

Limited.

{Perth Municipal Gas and Electric}

Lighting. 1 GEO. V.

1911 No. 2. ,

(b.)

"The Municipality" means the Municipality of the City

of Perth.

(c.)

"The Council" means the Council of the City of Perth.

(d.)

"Undertaking" means the land, buildings, works, here- ditaments, lamps, pipes, stock, and appurtenances to be purchased by the Council from the Company, and all other land, buildings, and plant acquired and used by the Council in connection with the manufacture, genera- tion, and supply of gas and electricity, and all the rights, powers, privileges, and authorities of the Mimi- cipality under this Act.

Powers of Council

On the exercise of the right conferred upon the Council by section fifty of the Perth Gas Company's Act, 1886, to acquire by purchase all the land, buildings, works, hereditaments, lamps, pipes, stock, and appurtenances of and belonging to the Com- pany, and from and after the completion of the purchase, the

on purchase of 3.

undertaking.

Council shall be empowered, within the limits mentioned in the

Perth Gas Company's Act, 1886; to carry on and extend the said works in like manner as if the Municipal Corporations Act, 1906,

had conferred upon the Council the same powers, rights, privileges,

and authorities as those conferred upon the Company by the Perth Gas Company's Act, 1886, and the Perth Gas Company's Act, 1886, Amendment Act, 1892, and as if the said works had been works which, by the provisions of the Municipal Corporations Act, 1906, the Council was empowered or required to do or carry out.

Power to borrow. 4.

(1.) In addition to the amount authorised to be borrowed under, and notwithstanding the provisions contained in, Part XXIV. of the Municipal Corporations Act, 1906, the Council may, at any time, under and subject to the powers and provisions here- inafter contained, borrow on the credit of the Municipality such sum as shall be required by the Council for the purchase of all the land, buildings, works, hereditaments, lamps, pipes, stock, and appurtenances of and belonging to the Perth Gas Company, Limited, and to defray the costs, charges, and expenses incurred by the Council in and about such purchase.

(2.) A Certificate under the hand of the Mayor of the Municipality, setting out the amount required by the Council for the purposes aforesaid, shall be conclusive evidence of the amount so required, and of the amount which the Council is authorised to borrow under the provisions of this Act.

Moneys so borrowed

not to be taken 5. Any sum so borrowed shall not be taken into account in

into account in	estimating the amount which can be borrowed for other purposes
estimating limit	by the Council, and shall not be subtracted from ten times the
of borrowing
average revenue of the said Municipality in making such estimate,

{Perth Municipal Gas and Electric}

1 GEO. V. Lighting. 1911, No. 2.

notwithstanding the provisions contained in section four hundred	power under Muni- cipal Corporations
and thirty-six of the Municipal Corporations Act, 1906.	Act, 1906.

Not less than seven days nor more than three months before any money is borrowed under the powers contained in this Act, a

Notice to be

advertised before

borrowing.

notice specifying the sum proposed to be borrowed shall be pub-

lished in the Government Gazette and in a daily newspaper pub-

lished in Perth.

6.

7.

Within seven days after the first publication of such notice any twenty ratepayers within the Municipality may, in writing	Ratepayers may
demand a poll.
under their hands delivered to the Town Clerk, demand that the question whether or not such loan be incurred be submitted to the election of the ratepayers of the Municipality.

When any such demand has been'made, the votes of such ratepayers shall be taken on a day to be fixed by the Mayor,	Date of poll to
be advertised.
not less than seven days nor more than twenty-eight days after the delivery of such demand, and such day shall be notified in some daily newspaper published in Perth, and on such day a poll shall be taken of all ratepayers who desire to forbid the proposed loan.

8.

(1.) For the taking of such poll a special roll of ratepayers shall be prepared, revised, and authenticated within the times and	Votes of rate-
payers, 'how taken.
in the manner hereinafter prescribed

9.

(a.)	The Town Clerk shall cause a list to be prepared which shall contain the names of all persons whose names appear in the current year's rate book for the muni- cipality as owners or occupiers of rateable land;
(b.)	The said list shall be available for inspection to any ratepayer at the Town Clerk's office not later than four- teen days before the date fixed for the holding of the poll;
On or before the tenth day before the date fixed for the

holding of the poll

(i.)

Any person who claims to be the owner or occu- pier of rateable land in the Municipality, and whose name does not appear upon such list, may apply to have his name inserted thereon. Such application shall be made in writing, de- livered or sent through the post, addressed to the Town Clerk, and shall contain particulars of the land in respect of which the applicant claims to be a ratepayer;

(ii.)

Any person whose name appears upon such list

or who claims to have his name inserted there-

on may object to any other person as not being

Perth Municipal Gas and Electric

1 GEO. V.

1911, No. 2. Lighting.

entitled to have his name retained thereon. Such objection shall be made in writing, de- livered or sent by post, addressed to the Town Clerk. It shall be in duplicate, and shall specify the grounds upon which it is based, and it shall be the duty of the Town Clerk to post one copy thereof to the person objected to ;

(d.)	The Council at a meeting to be held for that purpose be- fore the date fixed for the holding of the poll, shall de- termine upon the validity of all such claims and objec- tions, and shall make all corrections in the said list necessary to give effect to such determination. At least three days' notice of the date of such meeting shall be given by advertisement in a daily newspaper published in Perth. Any such meeting may be adjourned from time to time;
(e.)	The determination upon the validity of claims or objec- tions shall be by the majority of those present at the meeting or adjourned meeting, and in case of an equal division, the Mayor or Chairman shall have a casting vote in addition to his deliberative vote;
(f.)	The Mayor or Chairman shall initial every addition or alteration in the list, and shall cause to be written at the foot or end thereof a certificate that the same has been revised and is correct with the date thereof. The Mayor or Chairman and not less than two other mem- bers of the Council shall severally sign such certificates, and the lists so revised and certified shall be the Special Roll of ratepayers hereinbefore referred to.

First schedule. (2.) At the taking of such poll voting papers in the form in

the First Schedule hereto shall be used, and the voter shall record his vote by signing his name thereon; and all the provisions con- tained in the Municipal Corporations Act, 1906, with reference to the taking of the poll at the election of a Mayor shall apply as nearly as may be.

Provided that each person whose name appears on the special roll shall be entitled to one vote only, and there shall be no voting in absence.

Power to Council	10. If no such demand is made as aforesaid that the question whether such loan be incurred be submitted to the election of the ratepayers, or if, on such demand being made, a majority of the persons whose names are on the special roll do not forbid the Council to proceed, the Council may proceed with such loan.
to borrow if no
poll demanded.

Method of 11. All moneys borrowed by the Council under the powers con- borrowing. tained in this Act shall be raised by the sale of debentures, and

such debentures shall bear on the face of them a statement that the same are issued in pursuance of the powers conferred by this Act.

[Perth Municipal Gas and Electric }

1. GEO. V. 1911, No. 2.

Lighting.

12. Such debentures shall be in the form in the Second Schedule Form of hereto, and shall be numbered consecutively, beginning at the debenture. number one in arithmetical progression wherein the common second schedule.

difference is one, and each such debenture shall have annexed, for every payment of interest which becomes payable after the day on which such debenture is sold, a coupon bearing the same number as the debenture.

Whenever any money has been borrowed by the Council in pursuance of the powers conferred by this Act, and so long as	Power to strike
special rate.
any such money remains unpaid, then if the profits of the under- taking shall prove insufficient to pay the interest on the money so borrowed and owing, and also the amount provided by the said debentures to be set apart to form a sinking fund, the Council from time to time shall strike such special rate upon the annual value of all rateable land as shall be necessary to make up the deficiency.

13.

(1.) All the provisions of the Municipal Corporations Act, 1906, with reference to making or striking the general rate, and

Incorporation of

provisions of

Municipal Corpora-

levying and receiving the amount due in respect thereof, shall be

tions Act. 1906, with reference to

incorporated with this Act, and shall be applicable to any special

striking the

rate made or struck under this Act:

general rate.

Provided that in addition to the memorandum required to be made in the rate-book and initialled or signed by the Mayor order- ing such rate to be struck, the Mayor may enter in the rate-book a statement in writing setting forth the circumstances which justify the striking of such rate, and initial or sign the same, and publish a copy thereof together with a copy of the memorandum afore- said.

(2.) In any proceedings taken to enforce payment of the amount due in respect of any such special rate such statement, initialled or signed as aforesaid, shall be conclusive evidence that the Council was entitled to strike such rate.

14.

lb. Sections four hundred and forty-one, four hundred and incorporation of

certain ol o ro an of s

forty-two, four hundred and forty-three, four hundred and fifty-

one, four hundred and fifty-three, four hundred and fifty-four, Corporation); Act,

four hundred and fifty-six, four hundred and fifty-seven, four 1906.

hundred and fifty-eight, and four hundred and fifty-nine of the Municipal Corporations Act. 1906, shall be incorporated with this Act, and shall apply to all loans raised under this Act in the same manner as if such sections were herein re-enacted and in terms made applicable to this Act.

16. In the event of any default being made in payment of any principal money or interest of any loan raised under the powers

Power to appoint an official liquida-

tor in case of

conferred by this Act, the holder of any debenture in respect of

default in pay-

ment of principal

or interest.

1911, No. 2. [Perth Municipal Gas and Electric 1 GEO. V.

Lighting.

which any such principal money or interest is overdue may apply to the Supreme Court by petition on behalf of himself and all other holders of debentures in respect of which a like default has been made, for the appointment of an official liquidator of the under- taking.

An official liquidator, when so appointed, shall be entitled to take possession of the undertaking, and, subject to any order or direction which may be made by the Supreme Court, he shall have all the powers and authorities conferred by law upon an official liquidator appointed in the winding-up of a limited com- pany, including a power of sale and the right to carry on the under- taking as a going concern pending the realisati.on thereof, and any person purchasing from the official liquidator shall have vested in him all the rights, powers, privileges, and authorities hereby conferred on the Municipality or intended so to be.

Powers of 17.

official liquidator.

The undertaking to	18.	The undertaking shall constitute the primary security for
be the primary

security for re-	the repayment of all debentures, interest, and cost, but in the
payment of loan.	event of there being any deficiency on the sale and realisation thereof the official liquidator shall be entitled to sue for and recover from the Municipality the total amount of such deficiency.

Costs of purchase 19.

All the costs, charges, and expenses incurred by the Council in and about and incidental to the purchase from the Company shall be paid by the Council in the first instance out of the ordinary revenue of the Municipality, but shall be charged to and recouped by the moneys which the Council is authorised to borrow under this Act.

from the Company.

', Perth Municipal Gas and Electric}

1 GEO. V. 1911, No. 2.

Lighting.

The First Schedule.	Section 9.
CITY OF PERTH.

I forbid the Council of the City of Perth from proceeding further with the loan under the Perth Municipal Gas and Electric Lighting Act, notice of

which was published in the "Government Gazette" of the day

of , 191 .

(Signed) A.B.

The Second Schedule. Section 12.

CITY OF PERTH.

No. Debenture £

Issued by the City of Perth under the provisions of the Perth Municipal Gas and Electric Lighting Act,

Transferable by delivery.

This Debenture was issued by the City of Perth under the provisions of the above-named Act, and is to secure to the bearer a principal sum of £

payable at on the day of in

the year . Interest at the rate of per cent= per annum

on such principal sum is payable by equal half-yearly payments on the

day of , and the day of

and a Coupon is annexed for each payment which entitles the bearer of such

Coupon thereto

Such principal and interest are payable at , and are charged in accordance with the provisions of the above-named Act upon the undertaking as defined by the said Act and upon the Municipal revenue of the City of Perth, and are not otherwise secured.

Two pounds per centum on the amount of the loan will be invested every year. in accordance with the said Act, to form a sinking fund.

Dated this day of

(L.S.)

A. B., Mayor.

C. D., Town Clerk.

By Authority : FRED. W. SIMPSON, Government Printer, Perth.