CITY COUNCIL.

Otago Witness, Issue 747, 24 March 1866, Page 7

CITY COUNCIL.

The weekly meeting of the City Council was held on Wednesday, at the offices, Maclaggan street. William Mason, Esq , mayor, presided ; aad there were also present Messrs Birch, Carrick, Chalmer, Driver, Griffen, and Turner.

The minutes of the last meeting were read and confirmed.

Mr Carrick presented a memorial signed by about 25 ratepayers resident in High street, pointing out the necessity for an increased number of lights in that street ; and suggesting that a lamp should be placed at tbe junctions of Alva street, William street, Maitland street, and Grant street. The memorial was referred to the Finance Committee. REPORT OF THE PUBLIC WORKS COMMITTEE. The Town Clerk read the report of the Public Works Committee. The following is the substance of its recommendations : — A partial discontinuance of the filling in the footpath opposite the property of Mr Haggitt, jun., to be ordered. Mr Crawshaw's offer to fill in on the east side of London street for LSO, to be accepted. Tenders to be obtained, for gravelling one side of the footpath from George street to Beverley street aloDg Pitt street, and continuing the metal in Elder street to Beverley street as well as kerbing and channeling. The following payments to be made:— Abbott and Sigley, L 452 103 2d, for works in Leith Ward and High Ward; Hastie and Wilson, LIOO, Bell Ward, and L7O, South Ward. Tenders to be called for, for forming and metalling Stafford street, between Melville street and Maitland street. Two day men for each Ward to be at once taken on, as recommended by Mr Mirams. Work in Russell street from Young street to York Place, a 9 asked for by Mr P. M'Gregor and others, to be done by daymen ; and the same to be the case, with the footpath between Frederick street and Albany street. Mr Green's letter to be reported on by Mr I Mirams. The Clerk had been instructed to advertise for tenders for posts and fittings for- kerosene lamps, to extend the [lighting in the different wards; and for tenders for breaking metal. The report was adopted. CORBESPONDEUCE.

A letter from Mr John Taylor, asking to be allowed to lay a pipe drain from his new building in Maclaggan street to the creek there, was referred to the Works Committee.

Three letters from the Provincial Secretary were received: — 1. Forwarding

copy of the Dunedin Reserves Management Bill (not assented to by the Governor) which contained a list of the Reserves for which Crown Grants have been received, exclusive of the co- called Maori Reserve. — 2. Stating thnt instructions had been given for draining the south side o the Market Reserve, which had been intercepted by the reclamation works. — 3. Informing the Board that the Government had no funds out of which to repay L 389 5s lid, the cost of repairing Bond street. Mr William Nott wrote asking on behalf of the Mornington District Road Board, that the approach from High street to the Town Belt should be attended to, the steps being now in a highly dangerous condition. The letter was referred to the Works Committee. Mr W. H. Cutten wrote (in reply to a letter asking for information as to the socalled Reserve), that he must refer the Council to the Superintendent, to whom ) the Crown Grant had been issued. _ The Mayor believed tint the information required would be received in a few days. He had seen a list of the occupants of the ground, with the dates of their leases, and the rent unpaid, amounting to about L2OOO. Mr James Prendergast wrote explaining that he intended to remove a small quantity of earth parallel to his section in London street, and drawings attenti>n to the state of the banks where there had been cuttings. THE BUILDING ORDINANCE. The Town Clerk read a letter from Mr S. Crafts, of the Water of Leith Hotel. Mr Crafts explained that he had commenced improvements on his property, by pulling down some hovels, so as to erect kitchen and offices, and a room 40ft. long for the use of the Foresters. The Building Surveyor had had his attention called to the work, and was ot opinion that although, as partly erected, the new building was not strictly within the terras of the Building Ordinance, it might be allowed within the stated exemptions. The Surveyor directed him to apply to the Referees, who had refused their approval ; and he now appealed to the Council for justice, so that he might not be prevented improving his property, without injury to any one, and to lose L2OO which had already been expended. He asked that some members of the Council would inspect the property and judge for themselves. Mr Chalmeb thought that two members might be delegated to go with the Surveyor, and to decide whether his interpretation of the Ordinance was correct. Mr Driver thought that the Council should take action for itself. He had examined into the question. There was a dead- lock between the Surveyor and the Referees, and he believed that the Surveyor was right. If those gentlemen would agree to recommend the Council to make bye- laws to meet the case, it could Ie done. This property, improvement of which was said to be contrary to the Ordinance, was the very last in the city on that side ; it was, 30 to speak, surrounded by water; and it was the only road, almost, that was but 33 feet wide. A correspondence between the Surveyor (Mr J. Millar) and the Referees (Messrs W. Langlands and D. Ross) was read. It appeared that the referees held that the height of the addition to the hotel (wood) was greater than, considering the width ot the road, was consonant with the terms of the Ordinance ; and they positively refused to sanction the erection, as the Surveyor thought might be done, within the exemptions. Mr Driver thought the decision of the Referees to be opposed to common-sense. The owner of the cottages opposite the hotel did not object; amj there was no other property that could be pretended to be endangered in the case of fire. It would be well if the Surveyor and the Referees could be brought together and induced to leave the dispute to be settled by the Council. Mr Turner thought that the Referees were wrong, and that Mr Croits might be allowed to complete the building. The cottages were to be taken down and replaced by a malt-house. It never could have been intended that the powers of the Ordinance should be stretched as was proposed. The Mayor did not agree that permission ought to be given to go on with the building. It would be better to follow the advice of the Surveyor, and take counsel's opinion as to certain of the clauses of the Ordinance. Mr Driver said that the Referees were appointed by the Provincial Government, and every consideration should be shown to them. He would recommend that the Clerk should write to those gentlemen, advising them to consent to the building being proceeded with ; and that they should meet the Surveyor with a view to recommending the Council to make byelaws under the exempting clauses. The Ma yob said that it never could have been intended that the Ordinance should be rigidly enforced : that would stop building in all parts of the city.

Mr Bihcjh thought that the public should now be convinced that the Ordinance must be carried out in spirit ; and he regretted that gentlemen of positioa should have taken action antagonistic to the law. He had no desire to injure iir Crafts, or any body else ; but Mr Craftg had done the wrong^which had been done by others— he had commenced his building without obtaining the proper authority. Mr Turner moved that the opinion o£ Mr Prendergast be obtained on Schedule A, of the Building Ordinance ; and that Messrs Turner and Birch be appointed a Committee to carry out that opinion; so far as the case of Mr Crafts was concerned. Mr Chalmer felt that a stand roust be made very shortly. He knew that Mr Crafts's building was by no means the wor3t that had been erected, as being contrary to the Ordinance. Mr Turner's motion was agreed to ; aa was one by Mr Driver, giving effect to his suggestion, that the referees should be written to. The Building Surveyor forwarded returns required by the Ordinance, completing returns from the commencement of the Corporation to the end of February. The Building Surveyor also wrote, in reply to a communication from the Town Clerk, that it was a mistake to suppose that he had permitted an addition (contrary to the Ordinance) to the wooden building known as f he Ofcago Club, formerly the Commercial Hotel. From his own inspection — as soon as his attention was called to the matter — and from the assurance of Messrs Mason and Clayton, the architects of the work, it appeared that what had been done was a substantial repair with a slight reconstruction, mainly old materials being used. As to any danger frona fire, there was now a les3 risk tbaa before, as one room occupied the space of seven, and the space between the nearest other building was just as much aa it had been. The members of the Club were liable to a fine of LSO, from the Manager not giving the required notice before the work was commenced ; but he (the Surveyor) overlooked it, as no doubt resulting from the Manager's ignorance of the law. Mr Birch having moved for this report, wished to delare his conviction that the Surve) or's letter was as ingenious and ambiguous a^ any that had ever been written. He (Mr Birch) knew that what had been done was in direct contravention of the Ordinance ; and if there was ever an instance of a building that ought to he unhesitatingly pulled down, it wag that of the one at the back of the Club. Other people naturally supposed that they had as much right to act eoatrary to the Ordinance as the members of the Club; but he had done his duty towards having the Ordinance obeyed, and he must leave the decision to the Council. Mr Driver denied that there was any ground for attacking the Surveyor. He (Mr Driver) happened to know that the part of the Club building which was complained of was in great part constructed of i old materials, and stood almost entirely on old foundations. Speaking as a member j of the Club, he was sure that the' Club did not want any favor in the matter. All that had been done was to put a better back to an existing wooden building, the insurance of which was now taken at a less rate; and he presumed that the Club were perfectly willing to leave the matter wholly in the hands of the Council. Mr Turner moved, and Mr Driver seconded, " That the letter of the Building Surveyor be received." Mr Birch proposed as an amendment, " That the question of the addition to the Otago Club building be referred to the official Referees, to report thereon." Mr Chalmer seconded the amendment. Mr Turner pointed out that if Me Prendergast'a opinion was found to contain anything affecting the Club building, the ques'ion could at once be again taken up. The amendment was negatived ; and the motion was adopted. TENDERS. The following tenders were opened and read : — Bell Ward, gravelling footpaths, Mr Crawshw, L7OBs. — Leith Ward, Mr Craw shaw — Dundas street, L 122 13s; Howe street, L 35 2; George street, formation, L 200; George street, bridge, LlO4 16s; total, L 779 9s. Abbot and Sigley, Dundas street, Lll9 5s 3d; Howe street, L 371 16s 6d ; George street, L 333 13s 7d ; total, L 824 15s 4d. C. Abbot, gravelling footpaths, Bell Ward, L 75 18s, L 56 2s, L7B 2s, LSB 6s, according to width, &c. The tenders were referred to the Works Committee; and the Council was adjourned until Wednesday evening next.

The famous rose-tree planted a thousand years ago by the Emperor Lewis le Debonnaire, in the eastern choir of the cathedral at Hildersheim, has been in particularly fine bloom this season, and looks fresher and greener than ever. Two shoots, which sprang up from the knotty millen ma I roots of the tree in 1863, have attained already the height of the roof.