THE COST OF FOOTPATHS.

Hawera & Normanby Star, Volume XLVI, Issue 7874, 8 January 1904, Page 2

THE COST OF FOOTPATHS.

LIABILITY OF PROPERTYOWNERS.

The question as to .whether the Conncil could make a legal claim upon property holders for half the cost of tarring and sanding footpaths was raised some time ago by residents wuo refused to recognise i'hgir., liability in the matter. At Wednesday night's meeting of the Borough ' Council the Mayor explained that the Finance Committee had decided, in >iiaw of the strong exception that had been taken to the charge, to*secure legal opinion on the* matter, and he claimed tnat that opinion fully supported the action of the Council.

The advice was from Mr F. F. Martin, counsel to the Municipal Association, and answered the following question; — "Has the Council power to impose on the owners of property fronting a foitpath which has been tarred anjl sanded one -half of the cost of tarring and sanding that footpath?"— " Yes. M.C. Act, 1900, 225." [For the information of readers we quote the .clause in the Act referred to. "The Council may lay out or construct footways or channels, or botu. on cne or both sides of the street, and may construct the samv? of such dimensions and of .such materials and in such manner in all respects as it thinks fit, and may impose not exceeding one-half the cost of such work upon the owners of lands end buildings fronting the same." —

" The advice went on to say that the Council could apportion' the amount to be imposed either according to the valuation of • each property or the length of frontage each property, had to the footpath. The Council would have to sue for one amount in such a way as to afford' the property owner cpportrinity of beins heard before process was issued against him *

The • Mayor said the advice should settle a vexed question. He moved that the letter be referred' io the Works Committee with power to act. The motion was cairied.