THE WATERWORKS EXTENSION QUESTION.

Oamaru Mail, Volume IV, Issue 1322, 21 March 1884, Page 2

THE WATERWORKS EXTENSION QUESTION.

with ~f!io cs 'i° n M to what was to bo done ordered for'tho 'Jpw boing landed fttid amount of tl,o attonffl"". occupiedloma oillors at last night's* Counthough, almost every Oom;?8 ' . . something to say upon the t ono seemed capable of affording u*JP° information or shedding the slighW.. light upon the matter. In fact, as general rule, Councillors manifested an unpardonable amount of ignorance upon the question, and this waß the more extraordinary, seoing that, with two exceptions, the whole of the present mombers of the Council had ocoupied seats throughout tlio whole transaction. Tho question aroso first upon the roading of tho Engineer's report, but tho Mayor vory adroitly avoided a discussion. While discussing the question of how the cement requirou for the repair of tho reservoir should bo obtained, whother by tender or otherwise, it was mentioned that the cemont would not be required until tho lioad pipe was to hand, aud, as yet, no advioo had boon received of that pipo having beon shipped. Thereupon Counoillor Fleming urged that as this pipe had not been landed up to time, the Council should ropudiate tho whole thing and refuao to recoivo the pipes. The Mayor, howovor, pointed out that tho head pipo was a spocial thing, not forming a part of Mr Anderson's general contract, and that the time for ltß dolivery had not yet expired, and bo tho matter was allowed to drop. But it was destinod to bo revivod again with renewed vigor, for immediately afterwards a progress paymont to Mr John Andorson to tho amount of L 3780, boing 95 per oont, upon the pipes already received, was brought on for tho Council's sanotion, and thereupon ensued ono of those aoeuoa for which the Council is notorious. Counoillor Fleming waß the first to broach the subjoct, and did bo by asking, " Are tho pipes going to bo laid V' To this tho Mayor replied, " Of course thoy are and added that it would depend upon tho Council when the work was dono. Councillor Floming said that if tho pipes were not dolivorod to timo thoy could ropudiato tho wholo transaction, and rofuso to tako delivery. Tho Moyor : Yon can't do that; tliero is a penalty for not delivering tho pipos ] up to timo, and when they are delivered, wo will have to pay for thom. Councillor Fleming: Wo can ropudiato tho wholo thing. Tho Mayor : You can't. Councillor Fleming : Wo can. Tho Mayor : You can't. Councillor Floming : Wo can. I know more of business than you do. Tho Mayor : Perhaps you do. Councillor Floming thon related a caso in which an English merchant refusod to recoivo a cargo of wheat from' this colony becausothcro wore 50 bushels moro than he had agreed to buy ; and said that an 1 English Judgo had upheld tho refusal. ' The Mayor : That is nonsense. 1 Councillor Fleming :It is not. I coi}sulted Judgo Ward about it, and ho Baid 1 it was quite correct. Councillor Headland: If that is tho caso, 1 shall novor again have any confi- ' dence in the English Judges. Councillor Fleming having Baid that it waß tho caso, ' Councillor Headland Baid he would lika to sco a report of tho caßo. Councillor Fleming thereupon said that ' tho ca3o was no doubt reported in tho English Press, and gave tho namo of the 1 shipper of the wheat. 1 Councillor Finch thought, before thoy paid Mr Andersoa's acoount, they should ' satisfy themselves that what Counoillor ' Fieming had said was not correct. > Councillor Fleming again declared that what he had said tvas correct. 1 Councillor Finch said that what Goun- . cillor Fleming proposed was that if the ; pipes were not delivered up to specified ; time, the Council should ropudiato tho wholo transaction. Ho (Councillor Finch) thought if thiß got abroad it would bring disgrace upon the Council. Councillor Hoadland cortainly thought [ that before passing tho account they should first see tho Agreement. A draft copy of tho specifications was [ then producod, and it was shown that Mr ' Anderson had 200 days from tho signing | of the contract for the delivery of tho ' pipes, that a penalty of L 5 a day waß provided for every day during which the eontract romained unfulfilled ; and that 95 per cont. of tho contract price should bo paid within 30 days after the pipos have beon passed by the ongincor. Theroupon | it was pointed out that thoro was no necessity to pass the account that ovoning, and that the nmttor might thoroforo stand ' over until noxt mooting. Tho quostion was also raised as to whother it was rib- ' cessai'y to mako progress payments, or whether the wholo of tho pipos Bhould not bo delivered before any payment wore made. In connection with this, tho Mayor suggoatcd a that a contractor for so large an undertaking might reasonably expect to recoivo progress payments, and as tho Council had the money thoy should not withhold payment. It was also suggested that' 5 1 per cent, was a small sum to hold back ; but Councillor Sanderson pointed out that as tho total amount of tho contract was a very large ono the sum hold in BUBpenso would roach a vory considerable amount, and that if they had increased tho potcon t ago to be hold in hand it would certainly havo added to tho prico of tho pipes. It was found that tho draft agreement did not give tho full information required, and it was mentioned that tho agreement itself was in tho possession of tho Council's solicitors (Messrs Juliuß and Balmcr). It was therefore suggested that the mattor should be allowed to stand over until the agreement was producod. But this course was not allowed to bo quiotly pursued, for Councillor Fleming again returned to the attack. Ho said .that tho Counoil did not need to lay the pipes, and that if thoy could possibly got out of tho transaction they Bhould do so. Tho Mayor said that a penalty was provided, and tho Council wore bound to tako the pipes and pay for them. All thoy could do was to onforco the ponalty. Councillor Floming: I bog your pardon; wo can forego tho ponalty and stand oloar of tho agrcomont altogether. It is quito competent for us to throw tho pipos back on tho contractor. Tho Mayor : Wo cannot do anything of the kind. Councillor Finch : Is Meek going to tako tho water ? The Mayor : That is outsido the quoation. Councillor Fleming : I will movo that tho account bo not paid until tho agreement is soon. Councillor Finch said that' before the Council proceeded to do anything in-the matter they should certainly havo tho agreement beforo them. Councillor Headland said ho did not think there was anything for them to do but to pay for the pipes when thoy arrived. But he thought they should first havo tho agreement before them, and ho would thorefore move, " That a special meeting bo called of the Council for Tuesday next, at 10 o'clock, to examine the agreement wit.W Mr J. Anderson, of Ohrißtchurch, in c i''o>ection with his application for paymeat." This was seconded by Counoillor do Lautour. Councillor Fleming Baid that tho Council had made a mistake in going in for tho work, without finding out whother or not it would pay. Thoso who had promised to take tho water were now against doing Iso. Tho contractor for the pipes was bound by agreement to dolivor them within a certaiu time. If all was correct,

and the contractor had fulfilled his of tract, they would hare to pay the mn:"- , 7; if net., they should repudiate the who!-.; thing, pay back the money to the and, if necessary, go to la 1" j It was then said that fmight not care to *,{\ h c but to em, Counc.il- Id - blild £o thought tne mor*'^ "Finch : If all this talk of * to S J pn ' 1 think tho Coun " r ?P j ",.2r c° into committee. I really " J ,'fte discussion will uot bo reported, * Jr it will bring the Council into contempt. Already a groat deal of nonsense is being talked oatsido about the matter. Councillor Fleming : They are not te'kjng nonsense; they are talkiug good senseTho Mayor : Who arc talking 1 Councillor Fleming : The people of the town. The Mayor: Who do yon call the people? p, you mean Jones, of the 3lail ? becwse I dr> not consider him the people by any means. Councillor Fleming : I do not refer to ' Jones or anybody else. After a brief pause, Councillor Fleming said : I will move that if the slightest loop-hols can be fennd in the agreement with the contractor, the Council take advantage of it, and repudiate the transaction. The Mayor then proceeded to put Councillor Fleming's motion, and rsked if any Councillor seconded. The correctness of the motion as put by the Mayor being challenged. The Mayor said : I put it exactly in his own words. . Councillor Fleming: My motion is that the Council do not pay the money if the agreement has not been carried oat. _ The Mayor: Ton had better write it i out- . j Councillor Fleming : I will. Yon seem 1 dull to-night; yon have got so mnch in 1 your head. •; A fow seconds afterwards Councillor > Fleming handed np tho following motion : —"That if the contract be not carried < oat according to the letter of the plans < and specifications, the whole transaction ' be repudiated." _ ! Councillor Sinclair seconded thi3._ J Councillor Davidson said that if the 1 pipe 3 were delivered they would haYO to : be paid for. ' Councillor Finch asked whether there i was a prospect of sufficient revenue being 1 realised to warrant the Council laying t pipes. The Mayor replied that the question was absurd, and cor.ld only be answered - after the water was brought in. 1 Councillor Finch : Are there any appli- ' cations for the water? } The Mayor : No. 1 Councillor Finch : Are the people who promised to do so going to take the ' water! £ The Mayer: I don't know. Councillor Finch: What prospect of s revenue i» there if we lay the pipes 1 <■ The Mayor : I don't know. Yon are ' asking me questions I cannot answer, and j they cannot bo answered until the water f is brought in. ■ Councillor Sanderson jocularly sug- * gested that the pipes might be melted v down and utilised in some other way. '

The Mayor remarked that the pipes were of a aize that could be sold, and would bo in demand. He, however, saw no obstacle in the way of laying them, though the work could net be done until the whole of the pipes were received. Councillor Fleming here modified hi 3 motion as follows :—" That if the agreement existing between the Council and Mr John Anderson be not carried out according to time and specifications, the money be not paid." Councillor Spence pointed out that, under the the Council need rot pay the money for some time, as they I"only required to do so within one I .onth after the Engineer certified to the delivery of the pipes. The Council therefore had plenty of time to look through the agreement and see that everything was correct.

The question as to whether or not the Engineer was justified in giving a certificate, seeing that only a portion of the pipes had been delivered, was raised, but it was not panned. Councillor Headland pointed ont that no good conld be accomplished by adopting Councillor Fleming's motion. They would first have to see the agreement before they could do anything, and the better course would be to adopt the motion he had proposed, and hold a special meetin? to consider the matter. The whole question could then be diacu33ed and decided, and if the agreement had not been fulfilled, it would be competent for Councillor Fleming to bring in hi 3 motion.

Councillor Fleming said that his object in making the motion was to test the feeling of the Council and ascertain whether or not thoy were willing to abandon the whole thing. Conncfllor Headland suggested that before this were talked of, they should make certain that the agreement had not been fulfilled.

After a little further discussion, Councillor fleming withdrew his motion, and Councillor Headland's motion was carried. Councillor Finch asked whether the pipes were to be laid, and when. The Mayor said this wa3 a matter on which he could not give any information. It would be three months before the Council could do anything in the matter. Councillor Finch: I will, with your parmission, move that data upon the subject be laid upon the table. The Mayor: What i 3 the use ? The matter will come on in due course. Councillor de Lautour pointed out that the money had been borrowed for the purpose, and that the pipes were being received, and said that the work would have to be carried out.

Coancdlor Fleming said that the money had been got under false pretences, and that the ratepayers would not have voted for the loan if they had known how thing 3 were going to turn out. The Mayor: Nobody conld foresee that the people were going to fail. Councillor Fleming: Nobody has failed. The Mayor: Oh ! Councillor Fleming said oveiybody know that the Woollen Factory would not take 70 horse-power. Councillor Davidson remarked that the Wooden Factory was stiil there, and kh»ngh things had somewhat changed since the Council undertook the work, he had no doubt that people would bo found to take the water when the pipes were laid.

Councillor Finch gave notice to move at the next meeting, " That somo data bo placed before the Council by next ordinary meeting, to that it be ascertained whether sufficient additional revenue will bo derived from the new pipes to justify their being laid." The matter, after a little further Irregular discussion of no importance, was allowed to drop. The scene presented during the discussion was anything but a dignified one, and a great deal of warmth was manifested. The Mayor made several ineffectual attempts to cut short the discussion—if snch it can bo called; and time after time he said ho would have to stop Councillor Fleming, bat nothing came of tho threat. At one time he said that Councillor Fleming bad spoken half a dozen times, and would have to stop ; at another that he had spoken eight or nine times, and could not be allowed to go on ; and a little later on he said, " I will swear that Councillor Fleming has spoken a dozen times." But the Mayor did not swear, nor did Councillor Fleming stop ; and as we have seen, tho wrangle went on until the subject was worn threadbare and Councillors

had bcome almost «hausted. Then and ♦km onlr was the matter allowed to drop, .„t ?ti<r slightest light being thrown a sahject upon which the ratepayers want information.