Alexandra Borough.

Dunstan Times, Issue 1843, 19 November 1897, Page 5

Alexandra Borough.

A special meeting of the Alexandra Borough Council was held in the Council Chambers on 15th November 1897. Present The Mayor (Mr Simmonds) in the chair Crs Theyers, Kelman, Gunion. Hansen, Nieper, and Spencer. The minutes of last meeting were read and confirmed. Inward correspondence was read os follows ; From the Auditor-general, returning balance-sheet for the half-year ending 30th September. From town clerk, Naseby, asking the Mayor to represent the Naseby Borough at the annual election of members of the Central Otago Hospitals Board, to be held o n24th inst. at Alexandra. —From Secretary, (Molynenx Hydraulic Company, stating that the dilectors cannot see their way clear to hand the water race over to the Borough—From Mr A. Solomon, Dunedin, asking the Council to be good enough to authorise the usual authority to act as delegate oi ihe Utogo Benevolent Institution* ...

From Rev. Mr Poole, stating that the Wesleyan Church Committee will not require the nse of the hall until farther notice. —From Mr J Terry reporting on the condition of the Borough water-race at present under lease to the Hydraulic Coy., and stating that he .found the race in fair order, with the exception of three-qnar-teia of a mile near the head and that there was about 8 heads of water coming in ; a culvert had recently been put in the race on the Young Hill Creek Flat, which measured 2ft 6in in the clear. • The Mayor handed in a report, of which the following is a copy : “ After consideration of the opinion of one legal adviser, Mr M. Macdonald (who states very explicitly that the .Molynenx Hydraulic Company cannot lift or remove the pipes without the consent of the Borough Council) the Company were notified to that effect, and in face of the notification and caution they still continue to mnove tho said pipes. It is plainly to be seen that • the Hydraulic Company are, treating the Council with contempt and ignore all communication. (2) There is the sub-letting clause in the agreement which is very plain and explicit, that the Molynenx Hydraulic Coy. cannot sub-let without the permission of the Council. What have they done 1 They have let the race in defiance of the Council. Arc the Council going to submit to these breaches of agreement without taking a stand ? I say if we do not take a stand to protect the ratepayers we ought not to be in the Council, and I maintain we are doing an injustice to them, as we are their representatives, if we allow twch breaches of agreement to be made. (3) In reference to the monies we have paid in sheep bridges, and the money we have got to pay in in inteu* anoe our soheitor is very explicit on that point, hj? to the recoveiy of same. I consider in justice to the ratepayers, that we ought to t»ke legal proceedings against the company to recover same. I do not wish to make mys If obnoxious in any way, but seeing that my term of office expires next month. 1 think it's my duty to bring theve matters before th Q Council, so th t it c a m>t be said t h at I h-n-e n glectsd my duties while In office, Therefore, tnk’ng «hn report, on toe whole, it is nothing but breaches (f the sgrioment. not m »do by myself, or by the Council, but by the Molvneux Hydraulic Comp my in a ms espotio manner. I will therefore mo « th -t the Counc ! e' ter a su t against the Mo yneux Hydranlic Company, placing the whole matter in the hands of onr solicitor Mr Macdonald. First to recover the Lls paid by the Council for sheep bridges, which the Molynenx Hydraulic Coy repudiated ; secondly, to recover the L2 par year which has been pdd for the main enance of sheep bridges by the Council; also to enter actions for th* beaches of tho agreement—one for the removal of the pipe* (a most eeiious breach leaving a portion of the rare li'lli to canceTation) and the other for sob-letting the race without the consent of the Council. My opinion is that this action ought to be taken f othwith as we prevent the -Mo yneux Hydraulic Company from riding rough ahid over the ratepayers.—l am, James Simmonds, Mayor, With regard to what the Mayor men-. tioned about tho pipes being removed," Cr' Spencer said that the Mayor was bltq&ether wrong as the rtmpVal of those piped which the Company lifred had nothing whatever to do with the Council, and he_ was of opinion that the Mayor was acting in a snjrit of oppositiorr lo the Company all 'along. The) Mayor ; That is rot so. The deed is a very onesided one and I maintain that none bf the councillors should sit here and allow this state of things to exist, and as there was nothing bat breaches of the agreement since the start, and onr solicitor tells us that we can recover the cost of the sheep bridges and maintenance. Cr Theyers : The Council has nothing whatever to do with any of the pipes which have been removed by the Com* pany. They can do with them what they choose, as they did not interfere with any of the pipes beyond where the town takes its supply, The Mayor ; You confine yourself to one thing, that the Company agree to keep the whole of the race in order, and why don’t they comply with the conditions contained in the lease. Cr Theyers : The Company at very great expense brought the water in pipes, but had no pipes at the start, and have none now to receive the water under pressure, Cr Spencer: The Mayor wants the Company to keep that part of the race in repair that is now actually in the hands of the Council. The Mayor then moved—That the Council enter a suit against the Hydraulic Company, placing the whole matter so the hands of the Borough solicitor (Mr Macdonald). The motion was not seconded, and the Mayor withdrew it in fare of a motion moved l>y Cr Gunion—That the agreement be published, This motion was carried. Ci 1 Theyers (to the Mayor) : You must hot try and black-ball me. Our agreement with the Company is in black and white and whatever yon or I say it will not influence it one way or another. The Mayor : D(d you not second a motion to give tho Company permission to remove their pipes. Cr Theyers : Yon suggest d some time sgo that the pipes should be shifted off the streets. Cr Spencer ; Be has a light to express his opinion, ;nd from what I can see it doern’t matter whither the water is under pressure or not as far as the town is corn, corned, because they have no pipes to receive the water, Cr Theyers ; The lot of rubbish of pipes that were put down by the Council a few years ago have been our downfall from the start. Tho inward correspondence was received and the outward aproved. The Balance Sheet for the half year ending 30th September, "1897, as read, was adopted. Proposed by Cr Reiman, seconded by Or Theyers—'J hat Mr A. Solomon, be enlisted a delegate for the Conncil at the meeting to be held at Dunedin for the election of trustees for the Otago Benevolent Institution on the 6th December, 1897.—Carried. The Mayor stated that he and Mr Hansen were up the race and that they had come to the conclusion that the race was in very fair order, with the exception of about threeqnarte'B of a mile near the head which required cleaning out, and that a culvert had been put in the race at Young Hill Greek by some one which was pot big enough to allr.yr the full compliment of water ty pass along the rape. propose.) by Cr Gunion, seconded by Cr Hangeh— That the Molynenx Hydraulic Coy. be notified that it must take steps to have the culvert constructed across the Borough race at Young Hill Creek removed, or as an alternative to have a suitable culvert constructed, to allow tfic full quantity of water which the race is entitled to to Sow without interruption, and further to repair and clean the race about three* quarters of a mile below the head to within 200 yards from the head, also all other portions that required repairing.—Carried. Moved by Cr Gunion, seconded by Cr Nieper That the deed of agreement between the Hydraulic Coy. and the Council be published in the * Alexandra Herald,’ also minutes bearing on the snbjefit, and all cmespouikm> ip teetion

with the same for the benefit of the rate* payers, and see what ia beat to be done,— Carried. Moved by Cr Kelman, seconded by Cr Hansen-—That 30 forma of teases be drawn up for the Borough Reserves and 30 printed copies be obtained. The fodowing accounts were passed for payment Audit Fee. £\ ;J. D, Thomson, 19a 9d; McKnight Bros., Ll3 10; Jas. Rivers, L2 Is ; R. MoMeeking, Ll3 13s, Proposed by Cr Spencer, seconded by Cr Kelman—That Mr H» Symes be appointed Borough Printer at a salary of L2B per annum. A vote of thanks to the chairman closed the meeting.