RECLAMATION CONTRACTS.

New Zealand Herald, Volume XVI, Issue 5418, 29 March 1879, Page 6

RECLAMATION CONTRACTS.

A deputation of lessees of allotments upon the beach reclamation waited, ky appointment, upon the Harbour Board yesterday. The deputation consisted of Messrs. C. A. Harris, F. Jaggar, G. Holdship and Stark. The Works Committee ID t? u a^f e " McCenzie (Chairman of the Harbour Board) presided over the inteinew.

Mr. Haiiris (chairman of the deputation) said the lessees of the allotments suffered great inconvenience andlossin consequencsof apassable road not having been made over the reclamation. The lessees had met the previous day, and the statement of their complaints had been fairly published m the Herald newspaper. . a mV 3 really wanted was access to and Th " e appeared to be ™ „ P I l setti "S unless the , ' , . brought forward prominently before " v The cor, tract for a through . h ° ul ' l have been finished in February, lb/b, out it was now March, 1879. The Chairjxax (of the Harbour Board) ac- | knowledge,! that the statement of the facts just made was substantially correct. He had no doubt that property-holders in this place had suffered a great deal of annoyance. A dispute had ansen between the Board and the City Council m respcct to this ground. This dispute prevented due attention being given to the matter. The Council had taken over the reclamation, and, having done so, made itself responsible for constructing the roads on it. If the Board were liable, it would not shirk its responsibility in such a matter. But in the meantime the propertyholders © u ght not to be allowed to suffer tOrough the disputes of the local bodies. Even a temporary road once made should be kept in repair until the permanent thoroughfare was i ™"ese were put to Mr. \\ hitaker '* W hen a temporary road is already made, whose duty is it to keep sucli road in repair? These roads are all over 00 feet wide. The harbour has also certain lands within the limits notified in the Gazette of September, and occupied by monthly tenants, and also some land unoccupied. The Council having levied rates, the tenants made objection, on an appeal, on the ground that they wore ■ " monthly ' teuants.. The appeal was allowed, I and it was ordered that the name of the owner be inserted in the rate-book.*' Mr. Whitaker gave his opinion as follows :—"I am of opiuion that the effect of including the laud referred to within the city is to subject it to all the provisions of the 4 Municipal Corporations Act of 1370,' with reference to streets, and that it is the duty of the City Couucil to make and keep the roads and streets in repair. On toe other hand, the Board is liable for rates of property occupied by monthly tenants. Ido not understand ho w there can be a "temporary road" belonging fco the public, for if it be temporary, the road must be private. A public road c.xuuot be resumed. The Municipal Corporations Act, lS7fi, provides that after its passing no street shall be laid out at less than 06 feet '.vide. But this is not applicable where land is added over which streets have already been made. These become public highways. —F. "Whitakek. March 2l>, 1579."

Mi\ Harris: If this road had been finished iu 1878 there would have been no dispute bttween the Council and Harbour Board.

Mr. Cosgrave said it was only right nnd proper that the lessees should have a load. The contract had been greatly delayed, aud circumstances had so changed, "owing to the matters in dispute, that it was difficult to sny iu what position the matter stood.

Mr. Holdship said that at the commencement, when he began to buihl, he asked whether there was a certain road provided. Th« answer was affirmative. He went on with the work, upon the faith that there would be a road, and the road would be made without delay. That road should have been tinidhed eighteen months ago. He thought if the Bo.ird could not see its way to making a permanent road, a temporary one should be provided. The Engineer of the Board was* called in. Ke said (in reply to questions) if the weather was moderately fine, the reclamation between Nelson aud Albcit-streets would be finished in, perhaps, three weeks. He estimated the cost of laying down a road with fascines and scoria ash at from £5000 to £0000. Mr. Goldie said it appeared to him that the whole thiug arose out of the contract not being completed in the specified time. The Board, he understood, had referred the matter to their solicitor, and he advised that they could not compel the contractor to complete his contract in the time specified. It was currently reported that their solicitor was himself interested in the contract. This was a matter that should be investigated, for *t was unfair to the Board that any person employed by them should be interested either directly or indirectly iu contracts under the Board. Mr. Stark said the Gas Company had met the Harbour Board in a very liberal spirit. They had forgone all their water rights, expecting to have the road made round the reclamation. Lately the company had so much trouble in getting round their coal and other material that it became a question whether their contractors would carry any more coal. Only a few days ago Mr. Holdship and himself had got bogged going round this road. He thought, from the liberal spirit in which the Gas Company had met the Board, it would be discreditable to the Board not to meet them in a like spirit. The Chairman said he had no doubt the Board was morally bound, although not legally, to make this road. He was in favour of it him- ! self ; but after that was made he would object i to their making any more roads. Mr. McDonald (the Board engineer) made an explanation of the roads on the plan. Mr. Masefield said this difficulty would not have arisen only for the action of the late Mayor, Mr. Brett; who, when in Wellington, had taken on himself, without consulting the Council, to have th« reclamation taken into the city. There was no doubt those gentlemen had suffered ; but when a third party stepped in, as did the Mayor, representing the city, this Board could not make roads or streets. The Mayor haviug taken over the reclamation, this Board had now no authority to make streets on it. Mr. Harrison contended that the propertyholders should not be made the victims of any dispute between the Board and the Council. Mr. Holdship said ho would suggest a way out of the difficulty. It was a question of ways and means. The case might be met by the Board or committee'giving instructions to their eugineor to keep the road open and passable until it was permanently made. Of course that would entail some extra, cost on the Board, but he thought they ought to undertake it, so as to keep the outlets open. The Chairman said the Board did contemplate the making of the road passable, but it was never intended to do more. Mr. Buchanan said ic was quite clear there whs a grievance arising out of the contractor being I*l months behind his contract time, but it appeared the Board could not even now make the road, as the contract had not sufficiently advanced. People had bought these properties on the consideration that the coutract was to be finished at a certain time. Had, he asked, the Board power to enforce the penalty on the contractor? He ought to be compelled to get the work done, for no matter what the cost and inconvenience to him, it was unfair that the lessees of the property should be allowed to suffer for the convenience of the contractor. Mr. Goi.dib moved, " That the contractor bo informed that the penalty for delay would be enforced, and that the Board proceed to enforce it." Mr. McDonald pointed out that in tho time originally fixed by the Board, it was impossible to complete the work. The contractor had two very bad summers, and last summer (the only good one he had) there were so m uty works going on that labour was very scarce, and men could not be procured, although he offered 9s a-d*y for them. Besides, the Board had themselves stopped him oh one occasion from proceeding with the work. He also thought, as the Couucil had now cut down and were making Drake-street, that a good road would be afforded to these properties, irrespective of the Beach Koad. Mi. Masmficld asked when it was probable the contract would be completed? Mr. McDonald : In about three wreks. Mr. Masefikld said: Then the Bond was bound to give these gentlemen a road, and charge it to the City Council, and it was then for the Board and Council to fight the question out. Hia opinion was that the Council should be charged for every load of scoria that went on this road,aud if itcost £10,000 tho ratepayers of the city had only to thank .Mr. Brett, the late j Mayor, for the responsibility. I The Chairman aaid ho might assure the deputation that the Board would do all that ! was practicable. | Mr. Holdship asked, whether it was not possible to begin at both ends of tho road at once, and lay down temporary culverts where required, as at Xelson-street, where the water ran down and made the track impassable for days after the vain had fallen? Mr. Masi:i*i:::.;j pointed out that no permanent road-making could be done until the whole question of drainage was settled. The Secretary read the statement of the cise submitted to Mr. AVhitaker, and his reidy thereto. Mr. Goldie .«:;id the reply of the Council to this was that this was a private street. Even if the law decided thatit must be made by the citv, it was only fair to inform the gentlemen that "it would be years before it could be made, for on the completion of the city works now contracted for, the city would have a large overdraft. Mr. Masetiei-D said it was simple bosh to . talk of this street as a private street. The J Council, through the lave Mayor, had taken j over the streets w;th their eyes open, and were wow responsible for their formation. > Mr. Holdship said he thought the deputation should not bo sent away with an indefinite answer or promise that the' Board would do all they could. If the committee would tell them that they had instructed their engineer, or some one, to make the road temporarily passable, so that they could get access to their places! they would be satisfied. Mr. Buchanan moved, " That the committee appoint tho chairman and engineer to carry out the work required, so as to meet the convenience of the property-holders." Mr. Masefxeld seconded the motion, and it \yas- carried.., VJ The "deputation thanked the chairman anil committee for the way in which they had met them, and the meeting then terminated.

INTERVIEW WITH THE MAYOR. •A' deputation had an interview wuh the Mayor m ilia room, in the Corporation The Chairman (Mr. C. A. Harris) staged case as already published. H'» Woeship inquired what it was the derm tation desired he should do in the matter' Mr. Harms : We desire to hare access te ard from our properties by Drake-street, x els m street, and Custom-house-street West : So far " Drake-street « con cerned, I thiok access will be Riven at , by to-morrow night that tm! Mr Holdship : We think that it would h. desirable to obtain an easier "rn.de c„ ° le " e r in d k^ hat n at th = "resent^leTt^^ extremely difficult to get up there If th* rv poration would put about fifty or 8 xtv £ loads of earth there, the grade would be erStW improved. \\ « also think that if the rv™ l tion would lay down the road so that £ 2^ not be subject to be destroyed by rains, it would &Btsc»a-«Sf2srs£ scori/were\? be' p°ut the rains come it will be buried in muda'nSt case may be as bad as it is at present ' ie Worship : Ifc is the wish of the Corner that the authority to do work, especially p. r manent work should proceed from them I should not like to make am- prom.V that might, from any cause, be over-ruled by the Council, or that they nright be untl line to carry out. The Council will meet oa \v"L 3 day next That will nO S be a vor/"it delay. But as to the passable road, that will be u\t F to ™ orrovr nisli'- course I mu consult the engineer as to the beat means to effect the object. Mr Jagcer: I think the grade at O -.-cnstreet is very steep. His okship : Ifc I*3 one in twelve. There ar *r W °x Se Snides in the city. Mr. Jagoer r Horses will have to turn on the steep.

His Worship : I should have thought, in this particular case, that would li:tve been an advantage.

Mr. Stark: "But how about Nelson-street' The water overflows there, and m*kes the road quite impassable. The contractors for the Gas Company cannot cart coals there, and they may refuse to cart for it unless the road is made passable. "he Harbour Board have promised to pat a. culvert on one side; you might put iu a culvert on the other. It would not cost more than L'2o at the most.

Mr. Holdship : The water comes over tho re, ami leaves an impassable slough below. JnJeevl, the difficulty of carting any Tn\tc~\\l there ia very great. Mr. Haums : I assure your Worship I saw to .Uy a .lray with a loa.l of lr.cwt., puile.l by four horses, stuck fast in the mud His "Worship : I should not, a S I have *jid, like to incur any largo expense without the concurrence of the Council. 1 c\i\ only , say that a passable road will he iu;»!e is soon as possible. I shall immediately o.usult the City Engineer as to the best means of effecting that object. I think I may state that you wilt havo access to Drake-street, at all event*, bv to-morrow night. With regard to any work o"{ magnitude or expense, I should prefer that you would wait ou th« Council, who, I ain sure, will be very willing to hear what you would propose and to do all they could for your convenience. The deputation thanked his Worahin to- Ins courtesy, aud withdrew.