NAPIER MUNICIPAL COUNCIL.

Hawke's Bay Herald, Volume XXI, Issue 6976, 2 October 1884, Page 4

NAPIER MUNICIPAL COUNCIL.

Wepnesday, October 1. Present — His Worship the Mayor, and Crs. Margoliouth, Lee, Oohen, Neal, Faulknor, Cotton, and Robjohns. Crs. Cornford and Graham subscribed the necessary declaration and tcok their seats. CORRESPONDENCE. The following correspondence wts read : — From Mr Seavey, Woodville, asking for particulars relative to the municipal reserve in the Seventy-mile Bush. — The Town Clerk said he had sent a copy of the terms on which the Council recently offered the property for lease, but had added that new terms were contemplated. From Messrs Carlile and M'Lean, on behalf of the Church of England trustees, calling attention to the fact that the Corporation workmen were cutting into the land of the trustees in Napier-terrace, and doing considerable damage. — Dealt with in overseer's report. From Mr (;rmond (telegram), asking whether he could do anything relative to validating the municipal elections. — The Mayor said ho had replied, suggesting that it might be wise to Bee the result of the action of the Thames Borough Council before taking any action. — Mr Comford said that if the Napier Council had been improperly elected, he believed that nearly every borough in the colony was in the same position. The point raised was only a technical one, after all. If anything was done by the Thames Council the Napier Corporation might join.— Cr. Margoliouth thought it was as well to have the matter set right at once, in case of another election, if one should occur suddenly. — Cr. Neal said that no objection to the late elections had been lodged within the requisite fourteen days, and he presumed the elections were now validated.— Cr. Cohen thought there was no doubt that the Council had teen improperly elected — there was no legal Council in existence — and if the errors in respect to the appointment of a returning officer were not put right by a validating Act of Parliament the borough might b landed in serious legal difficulties."— The Mayor quite agreed that the present position of the Council was very unsat'sfactory. In suggesting delay he merely mr-ant delay until it was seen what action was taken by other boroughs in a similar position. — Cr. Margoliouth thought it would be better to risk no delay. He therefore moved that. the borough solicitors be instructed to draft a Validation Act, to be forwarded to Mr Ormond for introduction into Parliament.— Cr. Cohen seconded the motion, which was carried . From Messrs Wilson and Cotterill, on behalf of Mr Robjohns, stating that he could not conclude the purchase of Stam-ford-street unless there were given to him a conveyance which could be registered, and suggesting that the Council should take legal steps to compel the Registrar to register the title. — Crs. Lee and Cornford opposed any legal proceedings being taken, on account of the possible large expense. — Cr. Margoliouth thought that, as the Council had agreed to sell the street to Mr Robjohns they must carry out the bargain, or he might take proceedings against the Council. Besides, the Council had asserted their right to sell the street, and must be consistent and continue to assert that right. — Cr. Cotton thought that if the facts were put before Mr Ormond he might be able to get the matter put right. — Cr. Cohen said that part of the money anticipated from the sale of the street — fully £300 — had already been expended. — Cr. Faulknor thought a majority of the Council were opposed to the sale if the street— it had been forced on them. — Cr. Lee moved, and Cr. Cornford seconded, that the letter of Messrs Wilson and Cotterill be received. — Cr. .Margoliouth moved, and Cr. Cotton seconded, an amendment, pledging the Council to take stops to give Mr Robjohns .a title. — Or. Nt-al said the Council had only agreed to offer Mr Robjohns such a title as thej could give, leaving him to take the risk ; but there had been no guarantee of title. He opposed the amendment. — Cr. Lee said an application for a mandamus compelling the Registrar to register the title, would have to made ; then there would inevitably be an appeal, and perhaps other legal complications might arise, putting the borough to very heavy expense. — After some further discussion the amendment was negatived, Crs. Margoliouth, Cohen, Cotton, and Robjobns voting for it. — The original motion was then carried. From the JDunedin Corporation, enclosing the copy of a bill to be introduced into Parliament, dealing with the management and maintenance of fire brigades, and establishing Fire Brigade Boards in each municipality, the cost to be defrayed in the proportion of two-thirds by the Municipal Council, and one-third by the fire insurance companies. — Referred to the Public Works Committee. From the. road overseer, explaining that the inefficiency of the street-watering service arose from the inadequate appliances for filling the water-cart, and recommending that additional loadingplaces be erected near Mr Holt's timberyard in Hastings- street, and near the Protestant Hall in Tennyson-street. — Dealt with in Public Works Committee's report. From the same, reporting on the application for a footpath in Craven-street, to the eifect that the street was too narrow. He was of opinion that the residents had I much cause for complaint owing to the lodging of water from the hills on the road. He recommended culverts to carry off the water. — Dealt with in Public Works Committee's report. From Mr Scarfe, asking that the Dickens-street footpath might be tarred, and the channels swept at more suitable hours. — Referred to' the road overseer, to report to the Public Works Committee. From the municipal solicitors, giving the opinion that the Council was liable to pay full scale for Board of Health advertisements in the Telegraph, and suggesting that in future the contract for advertising should be differently framed. From Mr Harker, applying to have water laid on to his and neighboring residences. — Referred to the Public Works Committee. From the same, asking that the road overseer might be directed to report on the state of Park-road. — Cr. Cotton said that part of the road was not dedicated. — Or. Margoliouth corroborated Or. Cotton. — Letter referred to the road overseer to report to Public Works Committee. From the waterworks engineer reporting that the recent alterations had been effectual in increasing the efficiency of the engine, though the vacuum was still slightly faulty. ROAD OVERSEER'S REPORT. The road overseer presented a report in which he explained that in consequence of the surplus tar at the gas-works being in excess of the storage available, he had been compelled to tar the footpaths in Tennyson-street and Harvey-road. He recommended the removal of the gaslamp in France-road to Cobden-road, where it would light Cobden-road and Chapel-street ; and that a short piece of bank at the corner of Mr Scobb's fence, Napier-terrace, be removed. PETITION. Cr. Cotton presented a petition from a number of residents at Port Ahuriri, objecting to an enforcement of the pan system. On the motion of Cr. Cotton, seconded by Cr. Robjohna, the petition was referred to the Public Works Committee. , PUBLIC WORKS COMMITTEE'S REPORT. "The following report from the Public Works Committee was read: — Tour committee having met pursuant to notice beg to recommend the Council as follows : — 1. That the first portion of the overseer's reports on the Craven - street petition be adopted, the footpath being formed four feet

wide on each side instead of five feet, condi- ; tionally that the petitioners contribute half the cost, and that the latter portion of the report be struck out. 2. That the report of the overseer on the ■ watering of streets be adopted and authorised. 3. That the progress and recommendation reports of the overseer; be adopted and authorised, except olau;e 6 of the latter, deferred till next meeting of the Public Worts Committee. 4. That subject to the opitiion of the municipal solicitor ns to the propriety of eelliiig those eootiom which have been cdrertieed fur sale for non-payment of rates the same be sold. 5. lhat the Touchers herewith forwarded, £653 138 4d, for general account, and £2133 12s, spaeial account, bo passed anrf ordered to be paid. Clauses 1 and 3 of the report were adopted without discussion. Upon clause 2 being pur, Cr. Graham Btrongly objected to itß being adopted, on the ground that those who benefited by the watering of the streets should pay for it. Cr. Cotton took the same view, and urged that it was very wrong to take rates from the residents on the Elizaboth-road, who could not get a penny spent in road repairs, and apply the money towards j watering the streets. After some discussion the clause as read was adopted, Crs. Graham and Cotton dissenting. Clause 4 was very strongly opposed by Cr. Margoliouth, who urged that the Council would probably experience difficulty in providing a legal title for purchasers of the sections referred to. The clause as read was eventually adopted on the motion of Cr. Lee, spconded by Ur. ' Cornford, Cr. Margoliouth alone dissenting. WIDTH OF STREETS. Cr. Cotton moved that the Council request Mr Ormond to get a clause inserted in the Municipal Corporations Act Amendment Bill, now before the House, providing for the rescinding of clause 24 of (ho Amending Act of 1878. Sfvrral councillors objected to such a motion being introduced without previous notice, and after some discussion his Worship ruled that notice must be given. Cr. Cotton accordingly gave notice of his inttntiou to move the resolution at the next meeting of the Council. ' LEASING SECTIONS. Cr. Graham asked if the Council intended to take the question of leasing the sections abutting on the continuation of Vantier street into consideration. — After a little conversational discussion, it was decided to consider the matter at the next meeting of the Public Works Committee. VOUCHEES. Clause 5 of the Public Works Committee's report, recommending that vouchers to the 'amr.unt of £653 13a 4d general account, and £2133 12s special account;, be passed for payment, waß put and carried. The Council then adjourned.