DRAINAGE BOARD.

Star (Christchurch), Issue 4855, 21 November 1883, Page 4

DRAINAGE BOARD.

An ordinary meeting of the Ohristohurob. District Drainage Board was held yesterday afternoon; present— Mr L. Harper (Chairman), Messrs Vincent, White, junr., Hubbard, Jenkins and Parker. COBBBBPONDBNOH. The following was read : — From the Town Clerk of Sydenham, stating that the Borough Oounoil adhered to ite decieion ai to the Board's liability to maintain culverts, aa conveyed in a letter of Nor. 1, and declines to maintain tho oulverts therein referred to. From the Woolston Town Board re a nuisance oiuaed by gas coming down the Ferry raad newer. Tho Engineer supposed the letter referred to gai tar, which, however, he did not think did any harm to anybody. The Board deoidod to send the complaint to the Gaa Company. DEPUTATION. TUBTHBB OPPOSITION TO THE BJITB THBBATBNBD. A deputation, consisting of Messrs Ollivier, Flesher and Hebdep, waited on the Board from the ratepayers in the district, to asoertain what course the Board intended to take with regard to striking a new rato. Mr 01 livier contended that tha Aofc of 1875 clearly and unmistakeably defined the duties of rh« B iard. Tho Chairman said the Board had been adviuad by their solicitors, and must abide by that advice. Mr Ollivier held that tho Board was bound by the Aot of 1875. The Chairman said their legal advisers held a different opinion. Mr Ollivier believed that the Bating Aot of 1882 was not intended for the Drainage Board, as it was not for the Ohriitohurch Oounoil and the Borough Councils. The ratepayers were determined to test the question in the Supreme Court if the rate were levied under the Bating Act. The Chairman wa9 afraid that that course would have to be adopted, aa tho Board were advised by their own solicitors and the Crown law officers to follow the Hating Act. Mr Ollivior found that ha was assesßod at £3000, making his rate £7 16* 3d this year instead of £3, as it had been in tho previous year. The Property Tax valuation, which inoluded several other properties, was only £2870. Ho urged that the ratepayers' roll had to ba compiled, and the ratepayers could make objections. Mr Vinoent said objections could be raised only on certain grounds. The Board was so advised by the Government at Wellington. Mr Ollivior did not oare " tuppence " for the Government at Wellington. Were the ratepayers to ba deprived of the power of objecting? The Board was depriving the ratepayers of tho power of appeal to the Resident Magistrate's Court, and finally to the Supreme Court. Mr Parker believed the roll would be open to the ratepayers. Mr Ollivier said the Board might lay the roll open, hut the deputation wished to know what the Board intended to do. The Chairman said tho Board intended to make the valuation roll and levy the rate under "The Bating Aot, 1882." Clause 18 settled the question. Mr Ollivier said that olauße applied to local bodies, but not to bodies constituted as the Drainage Board was. Mr Flesher asked if the Board intended to make a valuation for itself or to go upon the capital value supplied by tho Government. Mr Vincent said the Board must adopt the capital value. . Mr Flesher reminded the Board that the ratepayers, especially in tho outside districts, looked upon tho present rate as exceedingly oppressive. The Chairman said the Board quite agreed -with them. Mr Flesher pointed out that the Ghuroh Property Trustees, not paying Property tax, were not anxious to have the valuation as small as possible. The Chairman said the Church Property Trustees paid Property tax as much aa private individuals. Mr Flesher wished to call attention to the fact> that last year a 9&d rate was levied in the Avon rural distriot, and this year it was Is 6d. No expenditure within the distriot oould account for this increase. Mr Vincent supposed that the valuation accounted for this. A previous deputation had explained that the separation of the distriot acoounted for the increase. Mr Hubbsrd believed there was a deficit of about £300 on the district account. Mr Vincent explained that many works had still to be done, and these must be paid for from tho ratoß. The 9id rate did not mset the cost. Mr Flesher submitted that the draining of the swamps benefited large owners, who should be oharged with the oost. The Chairman would like to know an in* stance. Mr Flesher referred to the drain behind the Horseshoe Lake. This was not for purposes ef health ; and gave no benefit to the ratepayers. Mr Hubbard explained that tho work had been promised by the previous Board. Mr Vincent explained that the Board had been unable to find aay person that had been specially benefited. ' Mr Ollivier would contend that, under clause 11 of the Aot, 1882, the valuation roll of the Commission was not the roll to be adopted by the Board. A valuer appointed by the Boaid should make out the roll, whioh should be open for the ratepayers, who could object in the Besident Magistrate's Court, and appeal to the Supreme Court. Clause 19, under whioh the Board was going to act, was not applicable to the Drainage Board. Mr Vinoent pointed out that if a shilling rate were insufficient to meet the interest and sinking fund of the loan, the Government oould give power to levy more. Mr Ollivier admitted that this was so. If the Board would adhere to clause 11 of the Bating Aot, the ratepayers would not complain of the system. I'he Chairman said the Board were not going to aot under clause 11. Mr Flesher pointed out that the valuation, estimated by Mr Clark in 1868, was £233,000 and now the annual value was the enormouß amount of £460,000 odd. Up to last year the Board had paid their way on a shilling rate on the annual value ; now they could not od a half-crown rate. Mr Vincent explained that -works had to bo done which the rates would not pay for. ; Mr Ollivier must remind the Board that the ratepayers would take them to task for exceeding the powers giren by the Act of 1875, whioh were to deal with water and not with exoreta. The ratepayers would hava to move for a mandamus calling upon tho Board to show cause why they had exoeeded their powers. The Chairman referred to a large amount of rates not collected by the Avon Boad Board. These oould not now be recovered. Mr Hebden considered it very unjust to make those who paid suff or for those who did not. Mr Flesher believed that the Beard had never levied a rate which could not have boon sucosßßfully opposed. It wu strange that arrears should have been allowed to accumulate year after year. Mr Hebden asked if for the f utnre special works would be constructed only on condition that those benefited paid for them. The Chairman replied in the affirmative. Mr Fleßher oomplainad that the Bingsland soheme had been diverted to Linwood, The deputation then withdrew. ABBITBATION OASB. The Sydenham Boreugh. Council seat a notification of the appointment of Mr F. 0. 'Hall as t'aeir arbitrator in the claim for

£508 Oa 8d for damage done to the streets of Sydenham, and gave netice that the matter should bo referred to arbitration, at the same time requesting the Board to appoint an arbitrator. The matter was referred to the Board's solicitors, with a request for advice before a special meeting, to be held on Thursday or Friday. ACCOUNTS. Aooounts were passed for payment for £450 Is on loan accouut, and for £137 3s 2d on rate account The meeting then olosed.