KING EDWARD STREET WIDENING.

Otago Daily Times, Issue 14441, 6 February 1909, Page 5

KING EDWARD STREET WIDENING.

SOUTH Dl T XKHfX T.IABI.U FOR THE (.'IIST. THE ACT TO UK AMFA'DED. T'noxpr-L'tcd developments in connect ion with tho loan rec-cntly authorial for t-iren-winning in South Dism-iliri tame before thn City Couni'il at special tmi>illtr last night. It app-ars that- Iho eo-t of l-ho lean ft.]• slreet-widenin;; is under exist imr lo!;islalion, made a chaw npnn South Dnnodin alone, and not upon ihe nnitnl iKit'ongh. The following miimlo; by iho Mayor will explain tip p-i;ion : —

A conference, attended by his Worship the Mayor, Councillors Barr (represent-in;; the Finance Committee), Fitldis. Sha-cUock. and Smith (representing South Dunedin Ward), was held in the Mayor's office on Jan miry 38, 1300, on the subject ol I,lie King Edward street widening, and more particularly in relation to the provisions of "The South Dunedin Empowering Act. 1901," in respect of the rate to he levied in terras of section 21 of the said act.

Hcference was made to the agreement entered into between the Borough of South Dunedin and the City Council prior to the amalgamation of the said Borough of South Dunedin with the Cilv of Bmicdin, by which, inter alia, it was provided and mutually agreed that in tho event, of a vote being in tiie affirmative on the proposal to widen King Edward street, in terms of the aforesaid act-, the rale tc : be levied as provided therein shou'd be a chargo on the united borough. The city solicitor has advised that, in his opinion, the provisions expressed in the agreement being contrary to the express terms of " Tho South Dunedin Empowering Act-. Ml," Ibo same was not legally binding on the parties thereto, nor could such power bo cxerciscd a3 sot forth in tho agreement.

The conference then agreed that the city solicitors be instructed- io state n case on (he fads for opinion of lsswncd counsel {■Mr Martin, solicitor for the Municipal 1 Association), and. further, in the event of such opinion being confirmatory o{ the cilv solicitor, his Worship the Maj'or, with the South Dunedin members o( the conference, undertook to take such steps as mijfht be necessary to secure an AuiencVnient- Act to ensure that tho said borough rate should bo levied on the property of the now united borough. Accordingly, his Worship Ibe Mayor instructed the city solicitors on January 29 last, in terms hereof, and the case for opinion lias been despatched to Mr Martin at Wellington with a request that, the reply bo forwarded by telegraph at the earliest possible date.

In view of the city solicitors having advised thfit the agreement entered into between the Ciiy Council of Dunedin and the whilom council of South Dunedin, subsequent to the amalgamation of South Dunedin with the cilv, was inconsistent with and contrary to the express terms of the statuto of 3001. and, therefore. not binding, I conferred with the members of South Dunedin and represented the-e farts; they thereupon a«kcd that a further ooinion he obtained, and it was resolved that Mr Martin, secretary of the Municipal Association of Now Zealand, ho arked to advis-r- uijon the position, it being agreed ttat. in the event of that gentleman's opinion being confirmatory of that of the city soliciVrs, they fib© South Dunedin members) would bo satisfied to abide by it, provided that- "the City Coimcil would resolve to approach Parliament with a view of having an amending bill pawed to enable the who'e cost of the street widening operation? to be n charge on the City of Dunedin in terms of the said agreement." .

Mr Martin's opinion is herewith submitted and confirms that- of the city policHor?—i.e., ily.it. the deed of agreement is not lcpallv binding, ami llic rale is leviable only as prescribed in ihe *»id ?ection 10 of "The I9fv°" DHnediu Empowering Act,

In these circumstances, therefore, I be" to move: "Thai the city solicitors ho in" Si.rucied lo prepare a bill to amend 'The 0 511 Du.'iedin Empowering Act 131)1, and provide that the v/hoV cost of the street widening operations shall become ai'<t be a charge on the united citv o! Buncdui.

1 desire to add that I very much regret ■ Inn the clc.-ti is liivnlic! a Tac' for which I lie council is in no wise even SO I am conndciil that the Cil.v Council will agice with nie that it is its f( , jj cep faith mill Sanlh nmicdin and. if-po«ilre aTTv-iin ' <I, VS 1W ' M " ( i» it? entirety t d P " C °" 1:!C SS ' s " eMf ' arv

Alter 25 minutes had hi*,, s ,,tnt in connmuce tor nighl the council rosmud pu ,ic, ,vh c: , r.,,0 -\,ayor m-ivt'd—That lie c t.v soliei'ors lx> m.n-m-i0.,! , 0 p , onl;vo . lull to amend '"ijic iSorijiijrh of i-cmlli iJuwMim hmpuworing" 4 \e(. ISO 4 " and provide thai t|, e w J M) | e of ,t;rei'wki'.n----"'8 o ["' ril| l o')S0')S .!)])(lll. become # clnirse on ihe !'.". ire< U1 , , - V of OuiK-riin; f (I! -|ll,-,-, |,J lal this involution be fvnvmvjed to the c .j tv .-■olic-ifor.s with the common seal of M-e corporation of Ihe Mayor, councillor-. and (yl 1 ® 113 0 c ' ! - v Uimediii affixed there-

,Cr Vl lso" seconded the motion. 110 wa ., •ittro thore was not a councillor who would not carry out tho ivhole of lho obligations tor out in the deed.—('• Ilear, hoar?") Cr Shaddock said tho South Dunedin representatives somewhat ro',«claiillv foitn. I themselves compelled to vote for the motion, tie had received a private onii'.ion from one of the leading legal firms in Dunedin. It wa'S to some extent in opposition to tint B'veii b.v Mr llacUrjgor and Mr Martin .of Wellington). Mr Martin's opinion, lie r nought, was somewhat contradictory. In the opinion ho had received thore was a statement which lie would like to emphasise follows: "We have couk? to the coucln:>r..n that i,!ie (Jilv Council has no power to levy the special rate upon the pioperlies within the >S,:mth Dnnedin Ward a.one. Again: "We may also point out that ibe act of 1904 made it a condition picmlent to the cxcrciso of tho powers therein contained that the consent of the ratepayers should ho obtained, if, then, it, is contended that the work- in question is one whieii applies peouliativ to South Dunedin, and that the burden thereof should bo borne by tho ratepayer of that district, it would he a reasonable conclusion that the poll should be confined to those ratepayers. But in this ease t.he ratepayers of tho whole city voted at the poll. That is to say, the ratepayers of the whole city voted to impose a burden on the ratepayers of a portion thereof." The bulk of the legal opinio:;, however, wa.s in sub-

stinitiation of what, fho city eolicit-or had staled, and, therefore, the South Dunedin representatives had io give way to the preponderance of opinion. In summing up the opinion given to him—an opinion which ho had obtained at his own expanse--the solicitors gave four options that were open to those who wished to oppose the proposal to levy the rate on South Dnncdin alone. The options were these:-"(!) To wait until the raio is levied, and then move to quash it: (2) to take cut e.n injunction to restrain the council from proceeding with the lovying of a rate: (3) to take out. an originating summons under 'Tho Declaratory Judgments Act, 1900,' to have the question settled (this proceeding could be a friendly ono, and is preferable to No. 2): (4) to arrange wiih tho City Council that a draft lull should bo prepared and agreed to placing the burden of tho scheme on the whole city, with an agreement on the part of the Cfty Council that. the. bill should lie put through Parliament next session. That i.v we think, the best- course to adopt." There was a concensus of legal opinion as to v.'lliell whs the best plan to follow, and, therefore, the representatives of South Dunedin had agreed to support the proposition put forward by tho Mayor. The; felt, sure, also, that- the sound judgment, of tho rest of the council would bo with them in tile matter, and that there would not be tmy serious opposition on the part of members of Parliament to the. proposed bill going through.

Cr Fiddis congratulated the Mayor en tile inanuor in which he had worked the matter up, with a desire io give all citizens fair nlav.

The -Me lyor said that, besides the opinions from their own solicitors and from Mr Martin. they also had ihe opinion Ctl the side of the bank from Messrs Boshing ant'. Cook. The Bank of New Zealand would gladly accept the 6d rate for the whole area of Duuediu in preference to 6d on the rateable value of .South Dunedin, at:d they, too, wore of opinion that the only proper iorm in which to do this was to strike tho rate ovei Fonth Dunedin. He was gorry to think they should wake up at the la.st moment to liml that the deed in connection with South Dmiedin was not valid, and he had to thank councillors for the support, ho believed they would give to the proposal to put South Dunedin on the oinr footing as the remainder of Dunedin. lie desired to pay a tribute to Crs Fiddis, Shacklock, and Smith, who had been faced with a serious difficulty in the matter. They had handled the whole matter in a businesslike mauner, which, he had no doubt, would redound to their credit, and the people they represented must appreciate the way in which they had conducted the business on their behalf. The motion was carried unanimously.