CITY COUNCIL.

New Zealand Times, Volume XXXIV, Issue 5549, 10 January 1879, Page 3

CITY COUNCIL.

Thursday, January 9,

Tbe Council met at 7.30 p.m. Present— Hia Worship the Mayor, Councillors Allen, Dixon, Greenfield, Logan, Moss, Maginnity, Thompson, Young, Diver, and Piaher. MINUTES. The -minutes of the previous meeting were read aud confirmed. DEPUTATION. A deputation, headed by Mr. G. H. Bayliss, waited on the Council to ask if the acceptance of tenders for the metalling Eiddiford-street could be postponed until the permanent levels of the street were fixed. The people of Newtown wanted the tramway run up there, but it could not if the present level of the street were retained. Mr. Baylis explained the desire of the Newtown people was to take up shares and get the tramway out there. The matter was referred to the Public Works Committee. . BYE-LAW FOB UEOULATION OF VEHICLES. The Town Clerk said the bye-laws previously had been passed, but owing to an oversight had not been confirmed within the time specified, so that proceedings had to bo commenced clc novo. The only new regulation was one which he had put in at the request of Councillor Fisher. It was to the effect that no vehicle should be allowed to stand in the street otherwise than in a position parallel to the footway.—The Council negatived this byelaw, and adopted all the others. STBEET LEVELS. On the motion for the confirmation of street levels, several petitions were read in regard to the levelling of Pirie-street, some being against and some in favor of the proposition.—Mr. James Wilkinson, one of the objectors, attended in person, and gave reasons why the present level should not be interfered with, because it had been generally understood that the present level would remain permanently. At any rate the grade should be made to commence from Kent-torraoe, the intervening valley being filled up.—Councillor LoQAN said the grade proposed would be of no value. He agreed with what Mr. Wilkinson had said.— In answer to a question, the City Engineer. said the proposed grade would be 1 in 71. Councillors Young and Greenfield held that such a grade would be no improvement on the present; 1 in 15 would be quite steep enough. —The Council declined to confirm the proposed levels, and the question was remitted to the Public Works Committee. Objection was also made to the proposed level for Daniel-street, on the ground that o, bad cutting would be left. —The proposed level was confirmed. The levels of Brougham-street aud Adelaideroad were confirmed. CARRIAGE OF CORPSES. The bye-law, proposed by Councillor Moss, in regard to this matter, was confirmed. PUBLIC WORKS COMMITTEE’S REPORT. The following report was read: — The committee beg to report—(l) That they have accepted John Dooley's tender for cartage, &c., for twelve months, at lls fid per diem for horse, cart, and man ; (2> that the first application under the amended Municipal Corporations Act of 1878, for leave to form a rignt of way, lias been made by Dr. liuller, and that the committee is of opinion that only such leave should bo granted as would apply in the case of a private street: (3) that the City Solicitor has advisod the Council adversely to the raising of the £IOO,OOO loan, and that he has been instructed to prepare a case to be submitted for the opinion of the AttomoyGonorol. And the committee beg further to recommend—(l) That a drain be laid down between Hopper and Taranaki streets, estimated cost, £IBB. (5) that portion of Macfarlane-street bo formed, estimated cost £10; (0) that the contractor for the Corporation building be paid in full, leas the deductions made by the architect in the account for extras, and £3O paid for rent of offices after date of expiry of contract: (7) that no remission of rates bo made in the caso of tho Athenaeum, but that the use of the hall be paid for as in the case of other public buildings; (8) that a pipe drain be laid down in Murphy-street, estimated cost, £80; that Hopper and wobb streets be korbed and channelled, at an estimated cost of £230; that the use of tire water supply bo granted for the engine nt Hibbert’s ice making machine, to be paid for on tiro usual terms ; (11) that tenders be called for tho metalling of Tory-street. Taranakl-street, Ingestre-streot, Vivlanstreet, Ghuznee-street, Cambridge Terraco, Charlottestreet, Moiesworth-atreet, and portion of the Tinakori-road, estimated total cost £2,675; (12) that the assent of tire Council he given to tho asignment by mortgage of tiro lease of R Nielergesaess to tho lion. William Fox: (13) that Hobson-street, Hill-street, and Moiesworth-streot be kerbed and channelled, estimated cost £867: (11) that the cab stands at the Princess and Metropolitan Hotels bo laid and channelled; (15) that accounts, amounting to £7013 7s 3d, bo passed for payment. With reference to the proposed loans, the opinion of the City Solicitor was read as follows : January 2, 1879. Memorandum for tho Town Clerk.—With reference to tho Town Clerk’s memo, of the 19th ultimo, on tho subject of a proposed loan of £100,009,1 am of opinion that tho work proposed to ho undertaken does not como within tho provisions of section 139 of the Municipal Corporations Act, 1870. The works contemplated by that section are works of a special character, such as waterworks, gasworks, drainage, and sewerage works, tho erection of educational establishments, &c., but do not, as I think, include the construction and repair of streets and footways, which arc tho ordinary general works under tho chargo of the Council. 1 should doubt even if the construction of any special street would como within the class of works mentioned in the section. By section 140 it is necessary in the notice directed to be published to mention the “par-ticular-work" proposed to be undertaken, which evidently means the special work deemed necessary for tho convenience and health of tho inhabitants of tho borough. Point is given to this section by the 22nd section of tho Amendment Act of 1878. I conceive, however, that tho Council may attain the object in view under other sections of tho Act of 1876. By sections 202 and 203 provisions are made for meeting the cost of footways: and bye-laws were some time since passed regulating the question of cost. By section 111 provisions are made which would meet the case of the formation of new streets. That as regards the completion of existing streets and their repairs, I am clearly of opinion that the only means at the disposal of the Council are the ordinary borough fund, and that no power exists under tho Act to borrow money for tho purpose.

In reply to that, the Town Clerk, by direction of the Mayor, wrote asking Mr. Travers to have his opinion fortified by that of the Attorney-General, and to submit a copy of the case to the Council in the first instance. In response, Mr. Travers sent a copy of the case by which the Attorney-General was asked if the 139th section of the Act applied to the case of a loan mentioned in the resolution. Councillor Diver said there seemed to be a desire to avoid the point—that was, whether the matter could be referred to the ratepayers for thejr decisiop. It mattered not under what clause.

Councillor Thompson quite agreed. The Town Clerk: The 139th section is the only one that applies. The Mator said as the City Solicitor had the matter in hand, it was only etiquette that he, and net the Council, should prepare the case.

Councillor Young thought they ought to have an entirely independent opinion, and that the Attorney-General should not bo confined to any particular clause.

> j Councillor Fisher also thought the Attorneyi General should be left perfectly free. Of ) course, he would have Mr. Travers’ opinion ' before him, hat he had no doubt the Attorneyi General knew the Act as well as Mr. Travers 1 did. Councillors Allan and Maginnity thought the City Solicitor should he the best judge of the case ; the latter remarked if the Council had lost confidence in the present City Solicitor a new one should be employed. Councillor Diver disclaimed any desire to express want of confidence in Mr. Travel's. Ultimately it was resolved that the Town Clerk and Councillor Diver should see Mr. Travers on the matter. Clause 14 was struck out, having been inserted by mistake. The report as amended was adopted. POSITION OF WHARF COMMITTEEMEN, Councillor Thompson gave notice that he would at next meeting move for leave to lay on tho table copy of the opinion of Messrs. Buckley and Ollivier with regard to the Wharf Committee’s honorarium. Tho Mayor said when the motion was made he should have to give a ruling on the subject. mh. waring taylor's claim. Tho committee on this matter reported that in their opinion it opened up the whole question of To Aro foreshore rights, and as the whole subject would require to he dealt with before next session of Parliament, in order that a Bill might be prepared, they recommend that the matter stand over for the present, except that Mr. Taylor be given notice that he is regarded as a trespasser. drainage question. A report from tho City Engineer was read on this subject. water supply. The City Engineer submitted a scheme on this matter. SLAUGHTERHOUSES. A report on the slaughterhouses around Wellington was read. TENDERS ACCEPTED. Brltomart-street, making—The lowest tenderer was Joseph Saunders, £532 10s.— Councillor Eishor asked if there was any penalty attached to the contract.—The Engineer replied in the affirmative.—Councillor Eishor said he should move that the penalty he struck out, because penalties were never enforced, and they became an absurdity. The motion was not seconded, hut Councillors Diver and Allan agreed that it was a pity the penalties were not insisted on more strictly. Douglas Wallace street. —Joseph Saunders, £2OO. The highest tender was over £6OO. Coromandel-street. —J. Powell, £386 17s. 6d. Tho highest tender was £9OO. Hankey-street.—Joseph Jay, £3OO. The highest tender was £535. Hansen and Drummond streets.—Joseph Jay, £240. Highest tender, £445. ACCOUNTS. The ordinary accounts were passed for payment. RETURNING OFFICER. Councillor Maginnity inquired if the ■Returning Officer had tendered his resignation, and if so what action was intended to be taken ? Tho Town Clerk read Mr. Ames’ resignation as Returning Officer under the Local Elections Act. The Mayor said that some opinions had been expressed with regard to Mr. Ames, being a Corporation officicial, holding the office of Returning Officer, and although he regretted that Mr. Ames had sent in his resignation, he presumed there was no course open hut to accept it. Councillor Fisher expressed regret that Mr. Ames had sent in his resignation. Mr. Ames had discharged his duties faithfully and honestly, and to the satisfaction of the Council. (Hear, hear.) Councillor Maginnity also regretted that Mr. Ames had sent in hss resignation, which was forced upon him by imputations thrown out by a certain journal in Wellington, and certain persons. Mr. Ames had discharged his duties faithfully, and honestly, and impartially, and he regretted that his resignation had been sent in. Councillors Greenfield, Young, Allen, and Thompson having expressed confidence in Mr. Ames, a resolution was carried unanimously to the effect that Mr. Ames he requested to withdraw his resignation, and that he be informed that as Returning Officer he possesses the full confidence of the Council, DRAINAGE engineer. Councillor Eisher moved “That Mr. D. Climie be retained as Drainage Engineer.” He believed that if this appointment were made : the scheme of drainage would go on instead of being postponed for an indefinite period. The subject had been diacusssed for more than seven years past. The Council had acquired all the information they could expect to get, and the time had come when they were justified in taking decisive action. Further delay in the matter was not desirable. [Councillor Eisher then proceeded to relate the history of the proceedings re drainage from tho commencement down to the present time.] Various opinions existed as to Mr. Olimie’s qualifications for the office of Drainage Engineer. He (Councillor Fisher) had not the slightest doubts on the subject, because Mr. Climie had a very high status as an engineer, as was shown by abundant independent testimony on the subject. The Government _of Victoria had great confidence in Mr. Climie’s abilities, as could be seen from an extract taken from a Geelong newspaper and republished in May last by. the New Zealand Times. The latter journal, too, on the 16th of February, and again on the 17th of May, 1877, had expressed its opinion strongly in favor of Mr. Climie being entrusted with the carrying out of the scheme of drainage for the city. He considered that an opinion coming from such an authority as the New Zealand Times was worth a great deal, and he endorsed the opinion expressed by that journal. Whatever some people might think, he (Councillor Eisher) had no doubts whatever as to Mr. Olimie’s professional abilities, and he considered the Council could not take a wiser step than appoint Mr. Climie to tho office. Councillor Maginnity said he never seconded a resolution with greater pleasure than he did this one. He considered that Mr. Climie had been very badly treated, but he had stuck manfully to his post in spite of all the adverse criticism to which that gentleman and his scheme of drainage had been subjected. Mr. Climie had submitted a scheme of drainage, and he was prepared to stand by the merits of that scheme. The Mayor said in his opinion the Council had got into a difficulty. A resolution had been already passed to the effect that there should be a re-organisation of the staff, and that it should consist of certain officers only. Therefore it was a question whether the present resolution could be passed until the former one was rescinded. He would not like to decide arbitrarily on tho point, and would, therefore, like to have the assistance of the Council by discussion. Councillor Diver moved, —That owing to the lateness of the hour and the importance of the subject, the discussion be adjourned until Thursday next. Councillor Moss seconded the motion. On a show of hands being taken, the debate was declared to be adjourned. On the motion of Councillor Maginnity the Council adjourned until Thursday next.