BOROUGH COUNCIL

Manawatu Times, Volume XLIX, Issue 3247, 18 January 1926, Page 3

BOROUGH COUNCIL

SPECIAL MEETING. PROBABLE SETTLEMENT REGARDING EASEMENTS. A special meeting of the Feiiding Borough Council was t held on Saturday morning, when there were present, the Mayor, Mr. W. E. Carthow, and Councillors A. H. Sutton, D Pryde. J. Corpc, H. B. Burrell, and H. Stewart. In connection with the difficulty over the easements respecting the new pipe line, an opinion of Mr. M. Myers, K.C., concerning the Council's position under sub-section 3 of section 347 ot th e Municipal Corporations Act, 1920. was read. Counsel held that, in hts opinion, the Council was not competent to contract itself out of the provisions of these sections, and in regard to the proposal to pay £2 per chain for th e ground required, counsel stated that the withholding of 30/of this amount to be paid only in a certain event could not be construed as a payment by way of compensation. He suggested that provided the prop-erty-owners offered the easement for the price named. Iff/- be paid in cash and the balance of 30/- be paid on demand with a provision that so long as th 3 Council supplies the land-own-ers with water free of charge up to a certain quantity and thereafter at so much per 1000 gallons, then the land-owners will not demand the remaining 30/-. This transaction would be intra vires the Council and valid.

The Mayor said that the opinion appeared quite satisfactory as far as the Council was concerned. The propertyowners had giv.on the Council to understand that provided Mr. Myers' opinion was favourable, they would bo prepared to entei into an agreement on the terms suggested by the Council and there appeared to be no reason now why matters could not be satisfactorily settled. The Council, however, could not do anything until the property-owners’ representative returned and it was just as well for the Council to know the position.

On the motion of Crs. Burrell and Stewart, it wag agreed to authorise the Mayor and the Town Clerk to proceed with the preparing of the easement agreements provided the property-owners agree.

Cr. Corpe asked as to the position between the property-owners and the Council respecting the ground taken for the settling basin. The Mayor replied that Mr. D. L. Tounger had been appointed by the valuers as umpire and a meeting would be held in the near future with a view to coming to an agreement Delivery of Pipes.

In connection with the delivery of the pipes, the Hu/rie Pipe Coy. tendered for the sum of £479 15/- for the delivery of the pipes from the Pending railway station to the pipe line, with a proviso that the tender would only hold good until iJlaroh 31 as a protection against wet weather setting in and making difficult the delivery across country. This tender was accepted conditionally upon Mr. Barrow agreeing to the Conucll putting in a cutting through a steep bank on his property and also upon the other pro-perty-owners granting access through their properties to the pipe line. The company’s tender of £964 10/- for laying the pipes was also accepted. Special Orders. The Council confirmed the special order regarding the narking of cais at night time without lights at specially defined places and this by-law will com e into operation on January 25. The special order regarding the rais ing of a loan of £435/for th e purpose of meeting the Council’s share of the capital levy to the Manawatu Gorge Board of Control was also confirmed. Th e loan will be for a period of 20 years and will be secured by a special rate of 3-12Sths of a penny in the £ on th e unimproved value of rateable property.