CITY COUNCIL.

Star (Christchurch), Issue 720, 13 September 1870, Page 2

CITY COUNCIL.

Monday, Sept. 12. A Special Meeting of the Council was held at 7 p.m. for the purpose of considering a by-law for repealing the by-law referring to cattle on unfenced land. His Worship the Mayor presided, and there were present Councillors Anderson, Calvert, Pratt, Hart, Sawtell, and Bishop. Messrs Jameson, Hobbs, and Jones, the newly elected Councillors having made the required declaration, also took their seats. The minutes of the previous meeting were read and confirmed. Councillor Anderson, in accordance with the objects of the meeting and previous notice, moved " That clause 42 of by-law 1 be repealed in conformity with the report of the by-law committee of August 30, 1870." The motion was seconded by Councillor Hart and carried without dissent. Councillor Jameson said it would be well for the public to understand that it might be necessary to repeal more of the new by-laws, according as they were found to operate. They should also be aware that the Council were in a measure compelled to adopt the bylaw in which the clause referring to cattle was included, as a whole, leaving it for after consideration whether any portions should be repealed. Had the Council not adopted the by-law as a whole they would have had to construct entirely new clauses for those portions of the by-law they wished to have in force, therefore the course they had pursued was the least troublesome. His Worship intimated that the resolution for repealing the by-law would not come into force for about three months, but the Resident Magistrate had in the meantime requested the Commissioner of Police not to permit any further action to be taken by the Police upon the by-law. The ordinary weekly meeting of the Council was then held. The Town Clerk reported, per balance sheet, that during the week he had received from general rates, 1868, £1 5s ; ditto, 1869, £4; ditto, 1870, £78 lls ; rates for Waimakariri, £38 Os 6d; scavengering, £7 9s 2d; rent of weighbridge, £5 8s 4d; petroleum licenses £1; public buildings licenses, £2 : carriers' and hawkers' licenses, £1 ss ; Market Place rent, 7s ; — total, £133 6s ; aud that the overdraft at the Bank was £142 131 3d. Accounts amounting to £27 Ils6d were passed for payment. The Surveyor reported that it had been impossible to commence the formation of Lane's right-of-way, between Manchester and Madras streets, because of the soil being too wet. The labour gang had been employed during the week in carting side drain stuff from roadways; carting shingle to the footpaths in Montreal street, South town belt, Colombo street, Cathedral square, and Tuam street; clearing out the large wet drains on the North town belt and Madras street; clearing out the South drain, also aide drains on the South town belt, Colombo, Montreal, Selwyn, Worcester, Tuam, and Peterborough streets; raking in ruts, and repairing fencing on the North and East town belts. The report was approved. Councillor Hart called attention to a very noisome stench which had been experienced in various parts of the city during the past week, so much so indeed as to be a subject of general complaint, and to cause doors and windows to be left open in order to obtain pure air." After some examination, the nuisance had been traced to the gas, and if it were possible for the Council to take any steps in order to prevent a recurrence of the annoyance, he thougnt they should certainly do so at once. Councillor Calvert concurred .with the remarks about the stench, and also that it proceeded from the gas, but said it had originated from the use of bad coal by the company, a matter beyond their immediate control. Coals were very scarce, and they were compelled to use what they could get. The company were not aware of the bad properties of the coal until complaints were made of the stench, when they at once stopped the use of it ; and he did not think the nuisance was likely to occur again. The nuisance having ceased to exist, the Council were of opinion there was nothing to call for their interference, and the matter was then allowed to drop. The following correspondence was read and consid red : —

. Letter from Messrs Garrick and Cowlishaw on behalf of Mr Nashelaki, calling attention to the dangerous state of the north and north-eastern walls of the Town Hall, and requesting that the officers of the Council should inspect the building at once, with a view to taking measures to prevent public damage resulting. His Worship said on receipt of this letter he wrote to the Town Hall committee for a copy of Messrs Richardson and Lean's pnblished report on the state of the building, which had been received, together with a copy of the one sent in by Messrs Bray and Wright. For the information of new members of the Council he might also explain that the City Surveyor, acting on instructions from the Council, had previously reported upon the state of the hall, saying that it was not so dangerous as to call for his interference as Inspector under the Act. Councillor Hart was of opinion from the reports of the two Commissioners that the hall was not in such a state as to call for the interference of the Council under the Act, which only provided for cases wherein hoardings or props are necessary. Councillor Jameson considered that the whole matter rested entirely with the Surveyor in his capacity of Inspector of Buildings. It was his duty to give or withhold licenses according 1 to his opinion of the safety of buildings brought under his notice. Councillor Calvert was of the same opinion. Council Jor Hobbs thought it would be advisable to defer such an important matter for a week, in order to afford time for more mature consideration. This was the first time he had heard of the City Surveyor's Report, and he would not like to say at once what the Council should do. Councillor Anderson pointed out that it was not for the Council themselves to say whether or not the Town Hall was safe, but to supply the writers of the letter with the opinion of their professional officer upon the matter. Councillor Pratt moved and Councillor Anderson seconded that a copy of the Surveyor's report of last week be forwarded in answer to the letter of Messrs Garrick and Cowlishaw. Councillor Bishop did not think this would satisfy the public. The reports of the two commissions were not satisfactory , and the Council had a right, indeed they were bound, to consider the safety of the public. He would like to hear if the Surveyor's opinion had been altered at all when he saw the information contained in the reports of the commission. The Council had nothing to do with what was before the public, but to be guided entirely by their own officers. He had rather expected to see that the Surveyor would have made another survey of the building in company with some competent architect, to see, for the sake of public satisfaction, whether his opinion was borne out, and to give a satisfactory conclusion to the somewhat contradictory reports of the two commissions. His Worship agreed in the remarks as to the Council looking after the safety of the public, and showed that by the Act they had full power to cancel any license should a building become dangerous or ruinous. It was a serious matter to the Council, for if anything went wrong they would be sure to get the blame. He also concurred with the advisability of another and fuller report by the Surveyor, with professional assistance. He deemed it the duty of the Council to set at rest the public anxiety on the matter if they could. The recommendation of the commission in respect to the doors should also be seriously considered. Councillor Hart asked whether it waß likely the public would be more satisfied with the Surveyor's report, even with assistance, than with the reports, as already published, of four of the ablest men in the province. Councillor Pratt thought the Council might go the length of suspending the license until the recommendations respecting doors to the hall be carried out. Councillor Jameson moved, and Councillor Hobbs seconded, as an amendment, " That the Clerk state, in reply to the letter, that the subject was under the consideration of the Surveyor, whose duty it was to see that the provisions of the Act be carried out." The amendment was declared to be car* ried. On the suggestion of Councillor Jameson, the Clerk was also ordered to give special instructions to watch the hall from time to time, and, if he found it necessary, to put the powers vested in him by the Act into force, to do so without delay, and also to see that the recommendations of the commission respecting the doors be carried out. Councillor Hobbs was of opinion that a further survey by the Surveyor with professional assistance should be made. He said the reports of the two commissions were diametrically opposed to each other, and on the principle of arbitration he thought the Council should have a complete survey made to set the public mind at rest. He would move that the course he advocated should be pursued. Councillor Bishop seconded the motion. After a brief discussion, it was decided to first call in the Surveyor and examine him on the whole matter. In reply to questions, he said that although a survey under the direction of the Council might be more satisfactory to the public, he really did not think that it was necessary for the Council, with merely a regard for the observance of the provisions of the Act, to have one made. He had seen nothing since his report to alter his opinion as to the state of the building. He did not think that an earthquake of the same strength as the last one would knock the building down. It might perhaps be advisable to suspend the license until the new doors were made, but he did not think that further interference was at present necessary. The Surveyor having withdrawn, some further discussion ensued, resulting in the motion being negatived by 7 to 2,

, Letter from Messrs J. Lewis and T. , R r Fisher, calling attention to the bad state of the drain in Manchester street north — referred to the Works Committee. Letter from Mr S. T. Bell, requesting permission to be allowed a certain departure from theprovisions of the new building by-law. The Clerk was instructed to reply that the ■concession cannot be granted. The appointment of committees for the ■ensuing year was proceeded with, and resulted as follows : Finance — Councillors Sawtell (chairman), Bishop, and Pratt. Public Works — Councillors Anderson (chairman), Jameson, and Hart. Sanitary — Councillors Calvert (chairman), Hobbs, and Jones. Fire Brigade— Councillors Bishop (chairman), Calvert and Jones. By-Laws — Councillors Anderson (chairman), Jameson and Bishop. . Councillor Sawtell, as chairman, brought up the following report of the Cathedral Square Road Committee: — •' Report of the committee on the Cathedral Square Roadway:— " The Council having on the 29th AugUßt referred the subject to a committee, they 'beg to report as follows: — That in order the Council may have a clear and succinct view of the subject, the committee thought it both desirable and advisable to draw up the facts as far as they could in the following order — Ist. In the year 1858, the College sold the section in Cathedral square to the Superintendent for £1200, and by the Ordinance, No. 5, session X, Ist November, 1858, there was a reserve for a highway of 1£ chains, and of this street or highway the ■carriage way was to be 50 feet in width in continuation of Colombo street. The portion to the west of the highway was a reserve for a Cathedral to be conveyed to the Bishop on the Cathedral being commenced. Mr Moorhouse was the then Superintendent. 2nd. In 1859, session XI, No. 4, an amendment was passed to the Ordinance of 185S, to rectify the mistake made in reserving the west side of the square for a Cathedral site. The Ordinance, 1859, repeals the former, and reserves the east side for the •Cathedral, with power of conveyance as soon as the Cathedral was commenced; the portion to the west side of the highway to be reserved as a public square or for plantations — Mr Moorhouse, Superintendent. 3rd. In 1862 the first City Council for Christchurch was constituted, and by the Ordinance, roads, streets, squares, &c, included within the bounds of the Municipality, were vested in the Council. 4th. In 1862 an Act was passed toy the New Zealand Parliament, No. 15, entituled " The Public Reserves Act Amendment Act, 1862." By clause 3 of this Act the powers of the Superintendents of proTinces of conveying any portion of any lands which have been or hereafter be reserved for public gardens or recreation grounds for the inhabitants of such towns or for any lease of such lands excluding the public therefrom except in furtherance of the purposes for -which they shall have been so reserved ; and the clause further provides that if vested in a corporate body it shall be under such restrictions as shall secure the full maintenance of the purposes for which such lands shall have been reserved, fith. On the 18th of April, 1864, the City by letter from the Cathedral Commissioners, are requested to receive a deputation in reference to a proposed alteration in the Cathedral Square Road, and the following gentlemen formed the deputation: — Eevs. James Wilson and H. Jacobs, Dr Barker, and J. G. Hawkea. They laid before the Council a numerously signed memorial praying the City Council to conaider the subject of the proposed alteration, and to record their sanction on the petition about to be presented to the Provincial Council. 6th. The following waa endorsed thereon: — • That the suggested alterations of the site of the Cathedral as submitted to this Council is calculated to improve the general appearance of that part of the city. Signed, JT. Ollivieb, chairman.' — 7th. On the 20th June, 1864, the City Council appointed a deputation consisting of the Chairman, and Messrs Barnard and Luck, to wait on the Cathedral Commissioners with reference to the proposed diversion of the road. Bth. On the 27th June, the Committee reported to the Council and recommended that the road be diverted. forthwith. The Council adopted the report, and requested the former deputation to act in concert with the Cathedral Commissioners, and wait on Government to know what amount they would recommend to the Provincial Council, towards defraying the cost of the improvements. 9th. On the 30th June, a deputation of the Rev. James Wilson, Dr Barker, C. Davie, and J. G. Hawkes, were appointed to wait on the Government in conjunction with the deputation of the Council appointed on the 27th June. loth. In 1864, the Provincial Council passed an Ordinance, Session 22, No. 4, 30th August, 1864 (" repealing the Ordinance passed in Session, No. XI, 1859,") under the powers of the Highway and Watercourses Diversion Act, 1858, of the New Zealand Parliament, they consider the power is given to divert, &c, any street or highway. And by clause 2, power is given to the Superintendent to divert a certain highway, and to construct a public highway through Cathedral square, in accordance with schedule A to the said Ordinance (the present curved road). Schedule B points out the land to be held for a cathedral site, the remaining portions to be held upon trust as an open square or plantations. — S. Bealet, Superintendent. 11th. On the 26th September, 1864, the City Council received a letter from the architect of the Cathedral Commission 25th September, enclosing a tracing of the exact boundary of the Cathedral site previous to fencing it in. 12th. The City Council demurred to the plan sent in, and by resolution states in their opinion that it was at variance with the one formerly brought under their notice. 13th. On the 27th September the architect to the Commission replied that the plan was taken from the Ordinance, and was.

he believed, correct. 14th. No further action was taken by the Council ; for, on examin- | ing the original plan, and a proper scale being put on a large plan, showed the schedule to the Ordinance to be correct, but the impression on the mind of the Council was that their consent had been obtained under a total misconception. 16th. The Cathedral having been commenced at the end of 1864, a deed conveying the east side to the Bishop of Christchurch, was signed by the Superintendent, S. Bealey, on the 28th January, 1865. The deed declared the site shall be held by the Bishop and his successors for the purpose of a cathedral only. 16th. The City Council, in April, 1867, being about to metal the main thoroughfares, appointed a committee to wait upon the Cathedral Commission with a view to have the road straightened as nearly as possible. 17th. On the 20th June, 1867, the Commission, in a letter, express their consent to a modification of the roadway, by giving in the centre twenty feet. This the Council declined, not considering the slight deviation would satisfy the wishes of the general public ; and the work of metalling was then proceeded with. 18th. In November, 1869, the Council thought it desirable that overt-ares should be made to the Commission for the purchase of the site of the Cathedral, and were accordingly made. By letter from the Commissioners under date 4th November, 1869, they state they had no power to sell the site ; and the subject having been discussed in Synod the Council received, through the Right Reverend the President, a letter stating "That the Synod had no power to arrive at any definite decision." 19th. Your committee respectfully directs the careful attention of the Council to clause 10 of this report, for it appears to them from the Preamble to the Ordinance the Provincial Council entirely overlooked the Act of the New Zealand Parliament of 1862, which limits the powers of Provincial Councils to alienate any lands reserved for public gardens. 20th. Your committee submit that the Ordinance of 1869 is still in force, and that of 1864 is null and void ; therefore the deed of conveyance made under that ordinance must also be set aside, and that the original straight roadway is legally the property of the Council. In arriving at the foregoing conclusion, your committee have had the able assistance of Dr Foster, your legal adviser. 21st. Your committee, after careful consideration of the foregoing facts deem it advisable to recommend the alteration of the present curved road, by restoring it in a direct line with Colombo street, as originally vested in the Council ; in its present form it is complained of as being unsightly, dangerous, and inconvenient. 22nd. Your committee recommend the Council to forward a memorial to the Synod during its present session asking for the restoration of its rights. — Henry Sawtell, Chairman ; M. B. Hart, William Pbatt. — September 12, 1870." After a short discussion, the report was adopted, and on the motion of Councillor Jameson, seconded by Councillor Calvert, it was resolved, " That a copy of the report adopted by the Council be forwarded to his Lordship the Bishop of Christchurch, with a respectful request that he will bring it before the Synod now in session, inviting their earliest consideration of the subject." The Inspector of Nuisances reported the drains on the premises occupied by Mr Lezard, St. Asaph street, and the adjoining property, belonging to Mr L. E. Nathan, to be in bad order, and the matter was referred for enquiry to the Sanitary Committee. The following licenses were granted : — Petroleum, H. B. Grisbrook; public meetings and amusements, Mr F. "Weber, Canterbury Music Hall. The Council then adjourned.