Borough Council.

Oamaru Mail, Volume XX, Issue 6225, 6 April 1895, Page 4

Borough Council.

\ ' » The usual fortnightly meeting of the ■ Borough Council Was held last night, there being present the Mayor (chair), and Councillors Meek, Hilliker, Milne, M'Dowell, Hedley, Hamilton, Vernor, > Brown, Fairley, and Aitken. The minutes of the previous meeting j were read and confirmed. - . The County Council wrote declining to 'allow the use of the foreshore at Muddy Greek as a depot. I The Mayor said that steps had been ! taken to keep the present depot clean. ' Mr William Concher was granted per ' (mission to lay a drain-pipe across footpath ; opposite section 11, block 28. Mr James Kay wrote asking for a reduction of valuation as he had, since valuing, removed a cottage from section 22, block 38. Referred to the Reserves Committee to report. Mrs Eate Darragh asked permission to remove house.from section 7, block 70, as she had no access to it. If permission were granted she would for the house. Referred to the Reserves Committee to report. Mr James Emslie wrote as follows: 1 In reply to your letter informing me of J your intention to offer for sale by public taction section 2, block 6, for a term of Mcven or 14 years, I beg to inform you that I must decidedly object to this being done until the Council offere me the same terms ms the other municipal tenants whose properties are to be dealt with soon. X claim that I stand in the same position to the Council as they do, with the exception that I have waited longer for a lease, but this is due to the inability of the Council to (rive me a lease sooner. The borough solicitor emphatically declares that 1 never had a lease from the Council, and that I am simply a tenant at willHow, then, can you justify your reasons for compelling me to agree to a valuation made under the provisions of a document that has been declared to be a nullity. In accepting the Borough solicitor's declaration that I never had a lease, it mast he apparent to the Council, and I contend that it is a first lease and not a renewal of a former lease that they are now offering. Before the Council could offer me a lease, The Enabling Act, 1894, had to come into force; therefore, I am clearly entitled to have the valuations of the property and ground made in conformity with its provisions, which govern the covenants of the new leases. But the most conclusive proof of the justness of my contention is the fact that the Borough solicitor ha 3 ordered the property to be sold under the Act of 1894, which provides that before a property can be sola utder its provisions two separate valuations must be made by three indifferent persons, one of the improvements and one of the fair annual ground rents; and these valuations most be declared at the sale, to comply with the terms of the Act, and to give a valid title to the purchaser.

I would farther point out that whatever responsibility may rest with the Council in dealing with my property would also rest with the Council in dealing with all other municipal properties that are in the same unfortunate position. Bat this responsibility 13 as nothing when compared with the responsibility, assumed by the Council, of reducing the rent of Messrs Glen and Frew's sect ion by 50 per cent while the lease was current, thereby establishing a very dangerous precedent, if m >re widely known, which shows that considerable conc-asions can be obtained by some tenants, while u seems almost impossible for me to get bare justice. Councillor Hedley moved, and Councillor Meek seconded that the Council adhere to its original motion. Councillor Milne deprecated any arbitrariness or ha. c te. If the matter could be amicably arranged it would be better, and 9ave precipitating the Council into a law-suit. He moved as an amendment, as the letter opened several new points, that it be referred to the Borough solicitor. Councillor M'Dowell seconded this. Councillor Davidson also advocated this course. Councillor Aitken said that the matter had been thoroughly threshed out. Mr Emslie cast upon the Council the aspersion that he " would not get justice." He thought they should resent this. Councillor M'Dowell said that Mr Emslie never mentioned the old lease, but wanted a lease under the provisions of the new Act. The other lease bad been ultra vires. Mr Emslie was advised that his lease would not be valid if issued as the Council wished. Councillor Brown said that if the old lease was not a valid lease the property could not be offered under its terms. He did not see why they should be afraid to give Mr Emslie a new valuation. The Mayor said that the solicitor had been asked for his opinion time after time. The question was only raised by Mr Emslie because the valuation did not suit him.

The motion to adhere to the original resolution wss carried. The following building applications was granted subject to the usual conditions; —W. Dalley, buggyshed on section 2, block 5. H. Winsley, oil shed, section 11, block 3. This application was referred to the By-laws Committee to report. The Corporation Gardener reported as follows:

1 have honor to hand in my garden report. It is almost needles 3 to say that our time is folly taken up in the routine work, and making a little improvement as opportunity occurs. A good display has been kept np during the season. The ponds with water lilies and the beds of foliage and flowering plants surrounding them have proved a great attraction to visitors. Eighteen months ago this was the" most unsightly portion of the grounds; now it is the most attractive. The place is fairly well patronised by all classes of the community, and is well spoken of by strangers who have paid ns a visit. Additions of plants by exchange or otherwise are freouent, so that interest in this matter is not nagging. About 2000 trees of various sorts are ready for planting this season, and I trust they will be made use of. The thanks of the Council are due to Air Dcmn, as through him three swans have been placed in the ponds, and are an attraction to many. A number of yoong men have been congregating in the Gardens on Sundays, and play cards from 10 a.m. until dusk. Visitors frequently complain of this to me. If the good name of the Gardens is to be maintained this will require to be put a stop to. A deal of damage is done to the oak, chestnut and other berry-bearing trees bv boys breaking branches and by other method* to obtain the fruit. One or two of these brought before the Magistrate might act as a caution (Councilor Hamilton saw their proceedings last Sunday afternoon). Sunday is the wont day with these rascals, and 1 ouonot get one hour to myself for watching them Tyne-street Gardens.—As soon as the ground become- a little softer I will have the place prepared for the hedge, so that the planting may be done aa soon as possible. It was resolved to make an example of the first offenders caught and to have them brought before the Magistrate, and an application made for an extreme punishment. Councillor Meek thought the thanks of the public were doe to Mr Gebbie for the manner in which he kep_ the Gardeti He should be assisted in every possible way. He moved a vote of thanks to Mr Gebbie for the great improvements he had made in the Gardens, and to supply | him with some pipes for the drains in the Gardens, and a farther supply of white gravel. A vote of thanks was passed to Mr Dnnn and Mr Wilkie for the gift of white swans. The Reserves Committ ye reported recommending that the request of the Acclimatisation Society re bridge in gardec neezre be granted for five yean, pro-

vided that walks be left open to the public. That sections held by National Bank, Mr Emalie, and other properties be offered at auction. With reference to the proposal of the Acclimatisation Society it was resolved, after considerable discussion, that Councillors Aitken, Meek, Heftley, the Mayor, and the gardener be empowered to finally arrange the matter on such a basis as would not interfere with Mr Gebbie's operations in the gardens. Councillor Aitken suggested that the Tyne-stroet gardens be let for a couple of; years to improve the ground, which was very bad just now. The Committee were instructed to attend to this also. The remainder of the Reserves Committee's report was adopted. The Finance Committee recommended the payment of accounts amounting to Lll4 4s lOd ; and also recommended that tenders be called for printing; that advertising be continued as formerly in both papers, but that the Clerk be instructed that in all statutory advertisements economy be exercised as much as possible in the number of insertions. The report was adopted. The engineer reported as follows :

I have the honor to report that the concrete culvert in the race extension was completed on February 26th, 1595, and that the total expenditure in labor and materials is LI 18 Is lOd. The actual cost of constructing wall in the embankment, timbercenters, and special tools—is L673s 4d ; and this, in comparison with Oamaru stone at lid per cubic foot as per plan, shows a saving of Ll9 18s 4d. The five chains of cross ditch above the culvert will be opened out on Monday or Tuesday next, and from the three chains now opened the discharge through the culvert is about 300 gallons per minute. It is n-cessary that this ditch be filled in as quickly as possible, both for safety from floods, and because the shingle in the sides is very loose. I propose to build a rubble stone culvert 15 inches in depth and 12 inches wide, covering the same with large clean shingle to a depth of 2 feet 6 inches, and on the top of this put a layer of soil and flax from the creek for the purpose of stopping any silt or flood water from getting down into the culvert. The blocks of stone on Mr Borton's land can be easily worked for the culvert, and for strength and water area it will be the most economic material that we can use. I am of opinion that the continuation of the main race will give the best results for the expenditure of the balance of the grant, I not so deep as the present one, but longer in propo: tion to the cubic contents.

The engineer, who was in attendance, staged that since the cross-cut had been opened up the flow had been increased some 300 gallons a minute. It was stated that the extension would about exhauste the available funds.

The report was adopted with the exception of the last clause. It was resolved that Mr Gow be asked to inspect the race. It was decided to have the weighbridge tested.