Page 9 Advertisements Column 4

Otago Daily Times, Issue 12415, 26 July 1902, Page 9

Late Advertisements, General assembly 'op new ZEALAND. SESSION 1902. In the Matter of a BILL to be intituled "AN ACT TO AMEND 'THE DUNEDIX DISTRICT DRAINAGE AND SEWERAGE ACT, 1900/" NOTICE IS HEREBY GIVEN that APPLICATION is intended to lie. made to the General Assembly of New Zealand at the present Session thereof for leave to bring in a Bill to be intituled "An Act to Amend 'The Dunedin District Drainage ami Sewerage Act, 1900.' " Tlie objects of such Bill arc to provide: 1. Short title. 2. Interpretation. .1. That the ballot mentioned in Section 3 of the principal Act shall not be held until the first meeting which the Board shall hold in the month of December, 1903, and the one-third of the Members of the Board firstly mentioned in the said Section shall not vacate their offices until the third Wednesday in January, 1901, and the subsequent ballot and the subsequent retirements of the second and third sets of one-third of tho Members in cacli esse be similarly postponed for two years, and thereafter the retirement of one-third of the Members shell take place ever)- second year in place of in each year. 4. That v:hen a casual vacancy occurs the Board may fill up such vacancy uy electing a successor to the member whose office has become vacant, who shall hold office until the period at which the person whoso successor he is would have ceased to be a member had such vacancy not occurred, provided that unless the Board resolution find some reason for not so doing, it shall give a preference to some person who at some previous election of members by the electors received the nearest number of votes to any person who was elected. 5. That Subsection (2) of Section 13 of the principal Act be amended by adding tho following words—namely, after the words " leasing of land from the Board" tho words "or to the Board," and after the words " by the holding of any debenture" the words "or by making advan'ces to the .Board under Section 70 of the said Act, or under any provision enabling the Board to money. G. That if anyimember shall, after the-passing of tho proposed Act, fail or cease to havo the qualification required, or if he, without the leave of the Board, absent himself from four consecutive ordinary meetings, the Board may declare his office vacant, and such vacancy to he deemed a casual vacancy, provided that any such person or any ten electors may by summons appeal to any Stipendiary Magistrate, who shall, after hewing such evidence as he shall think necessary, affirm or reverse the decisipn of the Board.

7. That the Board may form committees of its own members and may generally or in any particular matter confer upon and delegate to them such of its powers, duties, and functions as it thinks fit, and may associate with such committees such of its officers or other persons as it thinks fit, and may similarly define the Powers, Duties, rind Functions of such persons. . 8. In addition to Powers m Section 17 of the principal Act the Beard to have, and as from the date of its first election be deemed to have had, full power to contract or agree with the Council of any Borough or other local bedy in the.district for the performance by such Council or its officers of any of the duties or tho exercise of any of tho powers and functions of tho Board upon such terms as it thinks fit. 9. That any contract mat]e by tho Board which, if made between private persons, firstly, must ba by deed; secondly, must be in writing signed by tho parties thereto or some agent lawfully authorised; thirdly, may bo made verbally without writing when made by , the Board: in the first case to be in writing under the Seal of the Board; in tho second case to.be signed by two members of the Board on behalf and by the direction of the Board; in the third case may be made verbally by the Board or any committee or two members thereof, or by the Drainage Engineer on behalf and by .the direction of the Board, but, save in caso of emergency, no verbal contract to be made for any sum exceeding £20. 10. Amends Soction 18 of principal Act by reading the word " sewage" in place of the word "sewerage," and amends Section 19 of said Act by reading " all such powers " in "olace of the words " nil powers" in fourth lino thereof. 11. To empower tho Governor by Proclamation to declare that any area described in such Proclamation not now included within the District shall form part thereof, provided that no such Proclamation shall . issue until the Governor is satisfied that the inclusion of such area within the district will prove beneficial to the inhabitants and tho owners of property therein. Whenever any such area shall be so included the following consequences shall ensue: (1) All the powers of tho Board to apply to such area. (2) The local authority having jurisdiction therein shall have power to make, levy, and collect, and shall make, levy, and collect the Bates* thorein under the powers contained in Sectiou 54 of the said Act;'and for the purpose of exercising. the aforesaidi'powers the- local authority to be deemed to bo a local authority .having rating powers within the county in whiclrsueh area is situated within tltf meaning of Scction 5 of " The Rating Act, 18D4," and similarly when the Board determines to make, levy, and collect its own Rates it shall be deemed to be such a local authority. (3) The local authority having jurisdiction from time to time to furnish to the Board a list or roll, signed by its chairman, containing the names of all persons residing or having property within tho said area who possess a qualification entitling them to vote for the election of members of the said local authority, and such list or roll is to form part of tho district electoral roll. (4) That any person whose name is on such roll, if not otherwise disqualified, bo qualified to be elected as a member of the Board. ' 12. Amends Section 21 of the said Act as follows: (1) The confirmation 'of a Special Resolution intended to operate as a Sj-scial Order may be made at any meeting held not sooner than 27 days after the passing of the said Resolution. (2) The public notice required by Subsection (3) may bo given on any four days in the period between the earliest and latest of tho said meetings,. provided that 30 days at least shall intervene between its earliest and latest appearances,

18. That Section 2G of the said Act shall apply, notwithstanding that any such private drain is wholly or partly laid in a street or private street. 14. To provide that i:o Special Order lis necessary for the purpose of requiring any local body to collect any sum payable under the provisions of Section 23 of the said Act, but to be sufficient if the Board forward to such local body u request under the hand of the Drainage- Engineer or the Secretary, requesting it to collect the stuns set forth in such request from the persons named therein. 15. l'hat the powers conferred by Section 34 of the said Act, save in so for as they aro powers exclusively vested in tho Board by virtue of Section 19 of the. said Act as amended by the proposed Act, shall continue to be also exercisable by the Councils of the Boroughs and other local bodies within the district in so far as they are within the powers conferred by law on such local bodies. 16. Tho Board to have full power and authority to construct and lay under the • streets, roads, private streets, public places, gardens, parks, squares, recreation and other reserves in the district, all such main and other drains and other works as it thinks fit, and to uso and manage the same and all drains and works vested in or belonging to it. • 17. And in addition the Board to have power to construct and' lay under all streets, roads, private slrcet3, • public places, gardens, parks, squares, recreation and other reserves beyond tlie district, such main and other drains and other works as it dccnis necessary, provided that before exercising the powers conferred by the said Section or this Section, or by Section 31 of the said Act, so far as the same relates to Acts in streets or under any public or private street, public place, park, square, or recreation or other reserve, it shall give one month's notice to the local authority of the City, Borough, County, Road District, or other district having control of sucli road, street, place, or reserve, ol its intention to construct o* execute any such works, and after having constructed the same, restore any bucU street, private street, road, pl({co, or reserve to its former condition so far as is consistent with tile existence or maintenance of such work and during the progress of such works, and of such restoration relieve and indemnify such local body from and against any loss or cost it mov suffer in consequence of the construction or execution of such works, and the Board in like maimer to have power to construct and execute such works through, under, and upon tho foresnore of the sea or any harbour or estuary or any other Crown lands or through or under any river, stream, or water,'provided that it shall in no case entitle it to commit any offensivo nuisance, and in exercising the aforesaid powers or any of the powers conforred by the said Act or the proposed Act, the Board'shall have full power to lake such possession of any such road, street, private street, plncc or reserve, or Crown land it may deem, necessary, and to open up the same und to temporarily close the same, and, to fence iu such portion thereof as it may deem necessary, 18. That when any works authorised and contemplated by tho Board interfere with or affect any railway or other work the property of his Majesty the King tho Board, beforn commencing the same, to give notice to the Minister for Railways, together with a plan mid section showing the nature of such interference. Unless the Minister within one month after notice deliver to the Board a notice of anv objections to the proposed works he shall be taken to have approved thereof. The Board to modify its plan in accordance with the suggestions of the said Minister. 19. To empower the Board, for the purposes of its works or to enable it properly to exercisc its functions, to raise or lower or to alter the position of any gas pipes or gas works or oi any water, hydraulic, or steam pipes, or telephone wires, works or appliances, or tubes, tunnels, or tramways laid in or under any street, road, place, or laud, the Board may, by notice •iu writing, require the person, company, or coloration owning or having control" thereof,