CITY COUNCIL.

Lyttelton Times, Volume XXXV, Issue 3201, 18 April 1871, Page 2

CITY COUNCIL.

Monday, April 17. The Council held their meeting at the usual hour, his Worship the Mayor presiding, all the Councillors being present. The minutes of the previous meeting were read and confirmed. The Town Clerk reported as per balance sheet that during the week he had received from general city rates, £49 18s ; watering rate, £1 16s lOd ; rent for weighbridge for the months of March and April, £lO 16s 8d; carriers’ licenses, £3 ; scavengering, £1 2s M; rent of shops in market place, 7s ; total, £67 Os 7d, and that the credit balance at the bank was £519 Vs Bd. Accounts to the total of £67 6s 3d were parsed and ordered to be paid. His Worship said before the ordinary busi ness of the evening was proceeded with, he desired to refer to a letter which appeared in the “Lyttelton Times” on Saturday last, purporting to be signed by a member of ..the Council. It was right. he should do so,! because the letter tended to produce an erroneous impression outside as to what took place on Tties'day evening last, (’ouncillor Hobbs says in the letter that “ 1 was informed that it was simply a police of motion, and that at the next could if I chose oppose it by moving an amendment or otherwise.” In this he jnust correct Councillor Hobbs. He was not, aware that Councillor Hobbs had been informed of anything of the kind, cer tainly he (the Mayor) had not informed him. Councillor Hobbs Said it was Councillor Pratt who made the statement. Councillor Pratt said the resolution was intended as a notice of mot on at the outset, but that an amendment being propose 1 and pressed it resulted in a division on the resolution at the time.' His Worship said this resolution could not be regarded as a notice of motion by a private member, but was a notice of a certain proceeding which thCr Council as a body intended to take. The consequence was that when it came up : for confirmation last . Tuesday, he could not do otherwise than rule Councillor Hobbs odt of order. There was a.time for everything, and though every Councillor bad a perfect right to speak to any motion, he must be stopped when he is out of order, and as Chairman of the Council it was his (the Mayor’s) duty to see this done.' A Councillor objecting to any resolution had the opportunity of vetoing it if he could get sufficient support from other council'ors to do so, and, if not, he ought to accept his defeat. The motion Councillor Hobbs referred to at the last meeting had been finally disposed of at the previous one, and thus it could not be discussed again. There ‘ were also other parts of the letter he would like to refer to. From past proceedings- of the Council the public must see that as a body they were quite as much inclined for economy as any individual member, and personally he was glad to see that there was.not a majority of the Council in favour of borrowing large sums of money. It was very much better to proceed in a small way, and keep the rate at Is in the £ than to go in for a large sum, and at once increase the rate to Is 6d. He did not think it necessary to refer to any other portion of the letter. Councillor Hobbs said he was quite satisfied that his Worship did not intend to mislead him in reference to the rate motion, but either his Worship ruled incorrectly, or the Town Clerk was wrong in not sending notices of the motion to it. The Hist clause of the Municipal Corporations Act says “ That where any business other than ordinary business is required or intended to be transacted at any ordinary meeting, the Town Clerk shall give notice there )f to each of the Councillors, and no such extraordinary business nor any new rules or regulations shill be transacted or adopted at the ordinary meetings, unless due notice thereof have been given at the prior meeting and sent to each Councillor in the manner required for special meetings ’ The preceding clause also states what ordinary business means, and there is no mention made of striking rates in it. No notice had been sent to Councillors of the motion, and therefore he contended that the proceeding was illegal. His Worship said that to his mind striking a rate was part of the ordinary business of the Council. It was done every year, and was generally considered as such. Councillor Hobbs said, be this as it may, be was quite satisfied that he was right in reference to borrowing. He was quite aware that his Worship was in favour of borrowing in small sums, but' he knew there were owners of property on the new line of drainage who would not let the Council have their land except, for a permanent work, and he was quite sure that a very considerable sum would have to be expended before the permanent work could be done, . Councillor Hart said he would like to say a few words upon the letter. He considered it at the very least a very injudicious one, besides which it contained several false statements. In the first place, the whole value ,of the rate for the present year was £5372, and not £6OIO, as stated in the letter. Then, in the next place, it was said there would be £2OOO available for public works after paying all the permanent charges. This was not true, for £1463 4s was the largest amount that could possibly come to the Works Committee without any allowance for works of a permanent character, the estimates only being for those of an ordinary character and necessary. It was quite requisite that as the pnhlie did not attend in

that joom, he should* inrte these statements In order that true not false ones should go forth. He knew that more than one Councillor was Inclined to more a Tote of censure on,- Councillor Hobbs for writing tlie letter, which was calculated to bring the Council into contempt. He denied’the imputation of cliqueism, but said it young members would bring forward foolish matters, they must expect to find themselves in a minority. He said the proposition in the letter to tender for the works now done by the labour gang—the £13(10 for which Councillor Hobbs had left out in his letter—was only to be compared to the absurd idea of borrowing money at 3J per cent. Personally he was quite satisfied that although some items of expenditure might be out down,’ they could not ad tfith less than a Is rate, and the reference to old identities /was simply all bosh. He was quite sure that any one in that Council could speak or argue any length of tinge, provided he iras in order, hnd in conclusion he must say that but for hurting the feelings of Councillor Hobbs, be should certainly move a vote of censure upon him.

Councillor Hobbs: Oh, pray, do not let that influence you at all. Councillor Anderson said he thoroughly agreed with all Councillor Hart’s remarks. Besides containing erroneous and false statements, the letter showed very bad taste, and he was sure there were few, if any, ratepayers in the -city who would d sagree with him. His attention had been drawn to it by several leading citizens, who pronounced it a very uncalled for production. If a Councillor found himself in a minority and did this, he placed both himself and the Council in a false position. He had sat in that Council a considerable number of years, and this was the first time anything of the kind had come under his knowledge. He was quite sure that the gentlemen who had sat in that Council hitherto had the interest of the city at heart, and these were all satisfied that a less rate than Is in the pound would not do. Councillor Hobbs denied that there were any false statements in his letter. He had not given the figures in detail, but they were generally correct, and had been "taken from the estimates laid upon the table by the Finance Committee. He was quite prepared for this castigation, and it did not disturb him at all. He was happy 10 say he had received numerous congra uiationa from ratepayers on the reforms he had tried to effect in the Council, and any remarks made that evening fell quite harmless upon him. If he had had the opportunity last Tuesday of speaking to the matter at issue, be would not have rushed into print. He found, on taking the opinion of several- legal gentlemen, that he was perfectly correct in the opinion that the motion ought not to have been brought forward without notice. After some further desultory remarks, the subject was allowed to drop. The following tenders for supplying a new tip cart, in every respect similar to those at present in use, were opened and- considered:—A. Johnstone, £2t; Hy. Tankard, £22 ; T. R. Steel, £23 12s 6d ; Duncan and Co., £26. The tender of Hy. Tankard was accepted. The Surveyor’s report was read. The Works Committee recommended the Council to advertise for tenders for carting broken metal from (he quarry to the streets to be repaired. Daring the past week Mr Bailey had filled the tank in High street, and on Saturday at 12 o’clock the supply from the artesian well was shut off. At 5 o’clock the water in the tank had subsided about 17 inches —which it would have done in about one hour previous to (he last‘.alteration to the bottom of the tank. There were several small leaks through the joints in the upper work, but not much difficulty would he experienced in making these wa ertight. The alterations required by the Chief Post-master-had been put in hand, and will be completed in the course of a week or ten days. As printed notices would be required to leave with parties having land on the new line of drainage a sketch form was appended to the report in order that there may he no delay in getting them distributed, after Mr Bray has been over the line, which he will do some day during this week. The labour gang had been employed during the week in carting shingle for footpaths ; o irting side-drain rubb sh ; shingling tb»—footpaths in Lichfield and Armagh streets, forming footpaths in Chester street west, repairing footpaths amT clearing ‘out side drains in various parts of the cv y, clearing out the south drain, and patting down wood kerhing. The report was considered. In reference to the fist clause, Councillor Anderson said there was already a good quantity of metal ready for use, an 1 by the time tenders were accepted there would be sufficient to keep the carts going. The committee intend in the first instance to repair Manchester and Colombo street, and some of those streets which bear the heaviest work. Councillor Calvert moved that the Committee be authorised to advertise for tenders for carting the metal. Councillor Jones asked what was being done with the three horses and carts owned by the Council. He was in hopes that they would have been available for this purpose. Councillor Anderson replied that there was sufficient general work in the < ity to keep the carts and horses employed nearly all their time, and that they certainly could not be spared to do more than occasional work at the shingle. The motion was seconded and agreed to. Councillor Sawtell said he observed that the Heathcote Road Board had been successful in an application to the Government for a grant of broken mvtal. A portion of that remaining from the fern de gaol had been given to them, and he believed if the Council were to make an application they would be equally successful. In reply to a former application the Council had been informed that there was none nearer than the Halswell, as the Government expected to use all that on the Lincoln Road f--r the gaol. There was still, however, some remaining after the grant to the Heathcote Road Board, and the Governmt-nt could therefore scarcely refuse it to the Council for it was only fair the Government should aid in repairing those thoroughfares leading to the Railway. On the motion of Councillor Anderson, Councillors Hart and Sawtell were appointed as a committee to make the application to the Government.

His Worship also suggested that application should be made for a renewal of the services of the hard labour gang for City works, when they have completed their present employment at the new gaol. Councillor Bishop also called attention to the stone in front of the new Supreme Court House. This could be of no use to the Go vernment,and it would seof material service to the Council. He considered its removal would be an improvement to the locality, if nothing else. The committee were requested to include all these matters in their application to t':e Government. Councillor Anderson, referring to the tank in High street, said since the new bottom had been laid there was some improvement, though the water had leaked away a little, and the faulty seams were of no material consequence. Councillor Jones said the water had sunk quite five feet. Councillor Anderson said even this was an improvement on the previous leakage, and perhaps with another effort on the part of the contractor, the bottom might be ma le perfectly watertight. The matter was then allowed to drop. Councillor Anderson, referring to the improvements to the Post-office, said the Works Committee bad instructed the urvevor to procure tenders from the various builders in the town, and had subsequently accepted that of England Bros, for £9 12s 6d. His Worship, adverting to the drainage clause, said the Surveyor had bf-en ready some days for Mr Bray to inspect the line lie had surveyed, but that gentleman had unfortunately been absent from town. Councillor Anderson said the Works Committee had hoped to bring up a report from Mr Bray that night, but in consequence of what the Mayor had explained they were prevented from doing so. However, Mr Bray had informed them that day that he would be ready to go over the line of drainage on Wednesday, and the committee

would thus be able to report to the Council next week. It was agreed that the form-referred to in the report be submitted for the'- City Solicitor’s approval, and ; that the Works Committee get a sufficient number; of them printed. The following correspondence was read and considered:— Letter from the Clerk to the Beach of the Resident Magistrate’s Court, stating in accordance with instructions from T. W. Maude and A. Back, Esqrs., Justices of the Peace, that on Saturday, the 'sth inst, Andrew M‘ I’aggart, a licensed cabman, was fined £6 for being drank whilst in charge of his cab, also that this made his ninth con viction since the Ist of December, 1868, the fines imposed for the whole amounting in the gro-s to £l3 10s. The Clerk stated that he had summoned M‘Taggart to attend that evening, and that he was then outside the Council Chamber The Council discussed the matter at length, and M'Taggart, being called in, made a long explanation in defence. Th j Cou icil then further considered the sn ject, and ulti mately decided to suspend M’Taggart’s driver’s license for a period-of three months. Letter from Mr James Hogg, calling attention to the bad state of the side channel in front of bis store, Tuam street, and requesting permission to place a bridge across it, leadibg to his right-of-way. The letter was referred to the Surveyor with instructions to have the necessary work carried ont. Permission was also granted to Mr Hogg to construct a culvert across the side ch mnel where desired--he following report upon the collection of rates was read. “ City Council Office, “ 17th April, 1871. “ The Finance Committee, with reference to the resolution passed on the llth last, beg to repbrtT' ~ “ I. That for the current year they do not recommend any alteration in the system of collecting rates beyond what is hereinafter mentioned ; but as it is probable there will be a special drainage rate, the committee think it will be advisable next year to collect the general, Waimakariri, and drainage rates together, and divide the payment into two instalments, in order to make the same easier to the ratepayers. “ 2. That the applications now made in the first instance should be continued, but where a second appl cation is necessary it should be in the form of a demand in compliance with clause 228, thus[See form in appendix } “ Attention is directed to the ordin nice, which states that if the rates are not paid within fourteen days after demand they may he recovered by an action of debt.

“ The collector cannot undertake to call again; it is, therefore, requested that, unless settled on delivery hereof, the amount be paid at the collector’s office, between the hours of 10 a.m. and 4 p.m. No receipts are valid, unless on the forms printed in red. “ 3. That, with reference to the outstanding rates, where there is a difficulty in recovering from tenants, the committee recommend the following form be sent to the owners of property, in order to facilitate settlement: “ Rate Collector’s Office, “ Christchurch, 187 . “ Mr, —Please take notice that the rates, amounting to £ for ihe year, on property in —street. No. one on the Rate Roll not having been paid by the tenant, demand is made, in conformity with clause 232, Municipal Corporations Act, upon you as the owner of the property, and, unless the amount be paid at this office within fourteen days from date hereof, summary proceedings will be taken for recovery of the same. “ ' OLLECXOR.” Councillor Sawtell supported the recommendation of the report, explaining, on behalf of the Finance Committee, the benefits likely to accrue from the amalgamation of the rates, the mode of payment, the compulsory provision, and the saving of time that would be effected by the notice to owners of properties. Councillor Hart was gratified to see that some compulsion was to be used in making people pay their rates., He invariably paid his in the first month, whilst others, in quite as good a position as himself, let theirs run on till the end of the year, which to say the least was decidedly unfair, and a loss to the Council. _ . , , , The Mayor asked if any list of defaulters up to the present time had been prepared. Councillor Sawtell said they had been marked off on the roll. Councillor Ca-vert was of opinion that an ind-pendent list should be made out, and laid upon the table for examination and arrangement as to who should be summoned. This had been done before, and was found to do a deal of good. Councillor Bishop said he must qualify his support to the report. He in' ended to watch matters very closely, with the object of making still greater alterations if at all practicable. One of these was to collect the rate quarterly. Councillor Pratt expressed strong approval of the clause providing for application to owners. He thought it would greatly simplify and cheapen the collection of the rates. Councillor Jones asked if the rates of JB7l could not be collected by two instalments as laid down in the report, that is, if the principle could not be initiated at once instead of being put off until next year. His VYorship said they did not know now what rates they would have to strike during the year, and therefore it would be inconvenient to divide the general rate. If a division was made, and other rates had afterwards. to be collected, the work would be greatly increased and complicated.

Councillor Hobbs considered the present mode of collecting the rates a very satisfactory one, and hoped that no harsh measures would be used.

Councillor " awtell could not understand how it could be deemed satisfactory, when Councillor Hobbs must know that there was a large amount out-tandlng, whilst the Council would soon hare to incur the expense of an overdraft. Even the balance now to their credit was not their own, but belonged to the ratepayers, as being subscriptions to fire engine, tank, &c. Personally, he hoped the report, not only would not bo acted upon for next year, but for all future years. After some further discussion, the report was adopted. Councillor Calvert moved that the Finance Committee c*use a list of all defaulters in the matter of rates to be drawn hp. Councillor Pratt seconded the motion with pleasure. If, as had been stated that men of property he'd back their rates until the end of the year, whilst poor men were paying theirs, it was a great injustice, and the sooner they got to know who the former were, with a vie* to making them pay, the better. The motion was agreed to. Councillor Bishop moved that the Finance Committee examine into the system of collecting the scaveugering and rubbish rates, and report next Monday for the information of the Council.

The motion was seconded and agreed to. The scavengering contract was submitted for Anal execution, but it was shown that one uf the original tenderers had not signed it. The Town Clerk said he believed that the contractor referred to had seceded from the undertaking. The contract was ultimately left in the bauds of his Worship, with authority to sign and seal it on having satisfactory proof of Mr Harrop having retired from the partnership. The Inspector of Nuisances reported that all the watering rate had been collected, with the exception of the following amounts; Witbey, 10s ; MVvicol, 10s. Mr Withey alleged that he did not occupy the premises, and ceased to be leaseholder on the 31st December, 1870. Mr Atack is now on the roll and occupies the premises. Mr M'NicoTs name is not on the roll, but he is in occupation, and, as the collector thought, had occupied them during the whole period. He had tendered a smaller amount than that on the roll, on the ground, that his rent was not so much as he was assessed at. The Inspector of Nuisances, ia reply to the Council, said the building for which Mr Withey was rated was the one burnt down in the Are last year, and they were in course of re-erection when the rate wu struck,

i| WM resolved that the owner, Mr Atack be sued for the rate, and that a similar pro-* ceeding be adopted with Mr M'Nicol. A. .carriers’ license was granted to James Coskerrie.

His Worship said there was one matter which he should note, and this was that Dr Foster had informed him that he had received notice of a demurrer in the matter of the Ferry Road Drain, and that it would come on for hearing during the first week in May. Councillor .Sawtell moved that the Surveyor be instructed to advertise for tenders for forming and metalling Worcest-r street from Barbadoes street to the East town belt He did so because he felt the Council would be doing nothing more than their duty i n carrying out the work. He had seen the street himself rec ntly, and it was certainly in' a very unsatisfactory state. Added to this also the street was about the only one left unformed through which anything lik* traffic passed. The Council, in reply to a requisition from inhabitants in that street received in July last, had repltel that the work was under the considera ion of the Council* and that it would be attended to as soon as the weather would permit. The residents in the street had paid more rates than would cover the coat. Councillor Hobbs had great pleasure in secon ling the motion, and fully endorsed the remarks of Councillor .Sawtell. After a leng hy discussion, the motion was carried by the casting vote of the Mayor. ■ n the motion of Conncillor Sawtell, iustructi ns were given to purchase Ijo bushels of oats for the Councils horses. The Connell then adjourned. ’Notice op Motion. Councillor Hobbs to move —That it is niy intention to move that the steps taken by the Council on the 3rd inst, and subsequently on the llth inst, with reference to striking a rate of Is in the £ shad be revoked, such steps being illegal and contrary to the 141st clause of the Municipal Corporations Act, 1867.