WATER IMPROVEMENT SCHEME

Manawatu Times, Volume XLIX, Issue 2305, 25 November 1925, Page 3

WATER IMPROVEMENT SCHEME

HITOII OVER EASEMENTS. AN UNFORTUNATE POSITION. When the FeUding Borough Coun. cil obtained the sanction of the rate, payers to raise a loan for the purpose of carrying l out extensive Improve, ments to the Borough’s water supply, it was not anticipated that there would be any difficulty in regard to making arrangements with propertyowners concerning the laying of the new pipe lino. What appeared to bo a matter for mutual agreement has developed Into A somewhat serious difficulty and the present position is far from satisfactory. Apart alto, gelhor from the rights and wrongs brought by the protracted negotia. tions between the Council and pro. porty-owners, the difficulty is one which vitally concerns the ratepayers whose money is being used to carry out the work.

Many years ago, when the original pipe line was put down the Councu entered into agreements regarding casements and water supply with the property-owners, in which certain concessions were granted in return for the use and free access to the strip of land which carried the pipes. Under the improvement scheme, a new pipe lino is to be laid from the Intake to the reservoirs and It is proposed to utilise sections I 'of the old line which are subject to the original agreements which the then Council entered into. For the now scheme fresh agreements were prepared and while these wore in the main acceptable to the pro. perty.owners they sought two import, ant amendments: (1), asking for increased water supply, and (2), that the Council should not retain the right completely to cut off water for any reason unless the Borough was cut off. The Council would not agree to the inclusion of such conditions and agreed that if the property-owners in. sisted, the Council would proceed to take the land under the provisions of the Public Works Act. The property", owners asked for the unqualified cov. enant of the Council to supply them with water failing the Council’s agreement to the appointment of an un. biased umpire. If a mutually satisfactory arbitration tribunal was agreed upon, the property.owncrs wore will, ing to abide by a clause in the agreement giving the Borough engineer the right, to limit or cut off the water in time of shortage. Each party agreed as to the arbitrators (one from each side) but the Council would not agree to the appointment of an umpire, not a resident or a ratepayer of the Felld. ing Borough or the counties of Kiwilea and Oroua. The Council preferred that all disputes should be referred to th e Court. At the meeting of the Council held in October, the following resolution was carried; “That the Council can. not see its way to accept the terms offered the land.owners represented by Mr. R. W. Reed and that a cash payment of £2 per chain bo offered by the Council for the right of easement, provided that all water rights are cancelled; this offer to remain open for fourteen days and failing ac. ceptance, the Council proceed to take the land under the provisions of the Public Works Act."

At th e next monthly meeting of the Council, held last week, the Mayor (Mr. W. E. Carthew) reported that no action had been taken by the propertyowners, although the Borough solid, tor had ascertained that sections of the Municipal Corporations Act made the position very clear. These sec. tions gave the Council absolute power in regard to the supply of water outside the Borough, irrespective of any agreements. In fact, the Council had no power to enter Into any agree, ments such as was proposed, otherwise than was prodded in the Act. Following on a discussion of this as. pect of the case the Mayor moved that the Council take steps to have the ne. cessary land taken under the provisions of the Public Works Act, pro. vided nothing further was heard from the owners in a fortnight. Well over a month has lapsed since the Council made its first decision to take the land and now a further fourteen days’ grace had been granted the property.owners. On the surface, it appears extraordinary that no arrangement between the parties is pos. sible and it is difficult to understand why this deadlock should cndur e and a contract has been let for th Q supply of the necessary pipes and delivery of these cannot b 0 accepted, excepting in one instance, until this deadlock is lifted. It would be a very costly business if the Council were forced to take the land under the Public Works Act, as it would involve heavy legal ex. penses ar 1( j a groat deal of labour in searching titles and preparing fresh surveys of the properties. Surely there must be some way of arriving at an amicable settlement. Perhaps the Mayor and the Council might consider placing the facts be. fore the ratepayers and so endeavour to throw some light on what is preventing a settlement of what should have been a matter of no real serf, busness. It is felt that the propertyowners have no real desire to emhar. rass the Borough and that their atti. tude is not intended to defeat the object of ensuring a copious water supply for Feildin.g. The matter lias, certainly gone on too long now to warrant any further delay and In the interests of the ratepayers, stops should be taken to hav e the barriers removed.