MUNICIPAL ACT

Poverty Bay Herald, Volume LXI, Issue 18335, 1 March 1934, Page 11

MUNICIPAL ACT

AN INTERPRETATION Several amendments TRIENNIAL ELECTIONS A comprehensive interpretation of the saliept features of the Municipal Corporations Act, 1933, was submitted to the Borough Council at its meeting last evening by-the town clerk, Mr. W. M. Jenkins. The new Act comes into force on April 1, .1934, repealing the Municipal Corporations, Act of-,1920, and it contains several amendments and - new provisions, the principal' items of which were referred to by Sir. Jenkins as follow': — “Section 6.—Sub-section (3), proviso : This proviso forbids the town clerk, if the council so directs, to insert in the district* electors’ list the name of any person whose name appeared by virtue only of residential qualification in file district electors’ roll in force at the last general election of the council, ir such person, not being a candidate and not having voted at that election, did not vote at any one of the subsequent elections for councillors. “(Section 23.—Sub-section (1) : The election of Mayor is triennial. Subsection (5): A councillor elected Mayor ceases to be a councillor on coining into office as Mayor. Sub-section (6) : Coming into office as Mayor. In the case of a triennial election, if there is no opposition, he comes into office on the second Wednesday in May, but if there is a contest he comes into office on the first Wednesday following the returning officer’s declaration. In the case of any other election he comes into office the day after he is elected. ‘‘Section 24.—Sub-section (5): Ejection of councillor as Mayor. When the Mayor resigns office, if the election Occurs within six months before the next triennial election, the .councillor elected as Mayor does not vacate liis office as councillor. , '“Section 25.-—Mayor’s Declaration: The Mayor has-to make his declaration before exercising tho duties of his office. The old Act provided that he had to make the declaration before entering upon his office. “Section 39. Extraordinary vacancy in council: Formerly the council had certain powers of election in the case of an extraordinary vacancy within six months of the biennial election, and could decide whether tho vacancy should be filled by an election, or that it should not be filled. The council now has power to decide whether the vacancy shall be filled by election, or by appointment by the council, provided that if a vacancy occurs within six months of the election the fcouncil may declare that the vacancy shall not be filled. * “Section • 44.—Triennial election of councillors: The first general election of councillors is on the first Wednesday in May, 1935, and thereafter every succeeding third'year. “Section 48-—Committees: -Committees. must consist of two or more person’s. “Section 67.—Acting officers: In case of -emergency the Mayor can appoint an acting officer to hold office until the next meeting of the council. A minute under the hand of the Mayor of such appointment is sufficient authority.- " ‘ STREET BEAUTIFICATION - -‘Section 175.—Property in streets: Paragraph (k) ‘The council shali have power "to lay out or construct any part of any street as a safety area for pedestrians using such street, and to Jay out grass plots .or flower beds and to prohibit traffic in whole or paid, on such plots 6r beds, and to enclose and plant any* part of a street, or plant trees on liny street than on portions so enclosed, provided 1 that no erection or enclosure ov laying puj> or planting- made or done pursuant to this paragraph shall be such will in -the (Opinion of the council be likely to impede ordinary traffic,’ “This provides for the construction of safety areas, but they must be so , constructed ,so -als nqt to be likely to impede pjldilWVy traffic.' This means that these zones will have to be lighted at night. The council has power to plant trees on streets on portions not enclosed, but care must be taken, even in these cases, to avoid nuisance. It also provides for the laying out of grass plots and fiOwer beds'on any'street, and the prohibition of traffic'in whole, or in part, on such plots or beds. • T'The council is given power to place on any building abutting on any street a, plate bearing the name of tho street. “Section .304.—Dangerous and deserted buildings:- Alterations have been made in 'this section to show that the section deals with dangerous and not ruinous buildings. Buddings may be ■dangerous that aro not ruinous, and buildings may be ruinous that are not dangerous. The matter is one that calls for careful differentiation. -“Section 364.—8 y-laws, sub-section (6!) :’ ( The ; council 'may from time to time makei Stich byjlffcwfe as . it'thinks fit'for All';or any of ithe) following purposes; ■protecting from damage, injury or misappropriation,any property, whether real or, personal, belonging to the corporation Or controlled by,the council; and whether situate within or beyond the borough.’ Sub-section (9), ‘Licensing and regulating vehicles plying or otherwise used for hire for tho carriage, of passengers or goods and, in connection therewith,. (a) lijpitjirg-.the number.-of licenses, (b) - ap--poiiffijrjg' .stands,for Abo.use,of any.such; vehicles, and limiting the use, of any mh. stands/to particular persons or any particular class or- classes of licensed vehicles,,.(c)-fixing minimum and maximum - fares for ' the use of any vehicles .licensed, for the carrying of passengers,, ,(d).. regulating ,the,daily .hours of work of ‘drivers of licensed vehicles.’ This gives'the council additional power 1 to dedh with the licehsihg-'and regulating of vehicles!’’, ~! v ii „ . .. ,

\ ,’TKfe council decided to request the trtxih proprietors J' 0 ! the' town -to 'teppo^L,,representatives ‘to meet the council .aiid, discuss , tho quostioh ' of fixifig tho .minimum and maximum .faresjfor thd ; carriage; of passengers.