LAWRENCE BOROUGH COUNCIL.

Tuapeka Times, Volume XXXV, Issue 4925, 15 January 1902, Page 3

LAWRENCE BOROUGH COUNCIL.

A special meeting of the Council was held last evening to consider tbe opinion received by the Borough solicitor {Mr Crooke) from Mr W. A. Sim, of the firm of Mondy, Sim, and Stephens, Dunedin, on the point as to whether it was necessary, before accepting Mr Watt's off jr to light the town by waterpras, to take a poll of the ratepayers to rescind the previous resolution carried by poll on 12th July. There were present — His Worship the Mayor (Mr B. W. Winn), Crs Blair, Miller, Smstb, Pilling, Stokes, M'lntosh, and Walker Mr Crooke was also in attendance. The motion authorising tbe meeting having been read,

His Worship read the opinion received from Mr Sim, which was as follows ;—*' In my opinion it is not necessary to have the vote of the ratepayers at. the poll taken on the 12ih of July, 1900, refcinded before the Council can lawfully enter into a contract with Mr Watt under section 334 of ' The Municipal Corporations Aon, 1900.' The vote of the ratepayers in favor of raising a loan of £5,000 for the purpose of lighting the Borough with electricity did not bind tbe Conncil in any way to proceed with the proposed scheme of lighting. All tbat the Act of 1886 provides is that, if a proposal is carried, the Council may proceed with it, but if not carried the Council shall not proceed with it. I think, therefore, tbat it is competent for the Council, without obtaining the sanction of the burgesses, to abandon the scheme of electrip lighting and to adopt another spheme. It seems to me, however, that, as a matter of prudence, it would be wise for the Council to get the burgesses to pass a resolution authorising the abandonment of the electrical scheme, and the adoption of the proposed agreement with Mr Watt. A .meeting of the burgesses was held on the 9th of December to consider Mr Watt's proposal to Hj?ht the Borough by water-gas, and ' the resolution then adopted was, • that it be a recommeudation to the Council, before dealing with tbe Water-gas Company's offer, to call for applications from parties or companies willing to provide estimates of lighting for the Borough.' After consulting the burgesses and obtaining such a recommendation it is surely prudent for the Council to obtain the sanction of the burgesses before actually closing with Mr Watt." His Worship said the difficulty that bad presented itself at the previous meeting cf tbe Council was that their solicitor had advised that it was necessary to rescind the. resolution of the ratepayers, authorising the raising of a loan jor electric lighting purposes, by a poll of the ratepayers before they could accept Mr Watt's offer. They bad decided to save time to ask their solicitor to get the opinion of Mr Sim, This gentleman's opinion he bad just read and they would pee that he did not consider it was necessary to take a poll, but recommended as a prudent course that they should by a vote of the burgesses at a pnblie meeting reverse the previous decision. Cr Smyth said tbe position as he understood it was that the Council had received power from the ratepayers to j iaise £5,000 for electric lighting purpsses and unless that power was rescinded by a vote of the ratepayers the Council could exercise it at any time, and it was questionable^ it was wise to leave that power in thefr bands. This was probably the idea which prompted Mr Sim to suggest that it would be prudent to consult the burgesses again before finally accepting Mr Watt's proposal. His Worship pointed out that it was . quite competent for the Connpil to resjoind the resolution without appealing to the ratepayers. - ■ Cr Miller said be understood from the opinion just read that though the pro? posal to raise a loan for electric lighting was carried by tbe ratepayers, the Council was not bound to proceed with it. He favored the acceptance of Mr Watt's offer without further reference to the ratepayers. Cr Blair said that as they had given equal opportunities to others besides Mr Watt without result, Mr Watt's offer Bbould now be accepted.

In reply to his Worship, at the request of Cr Smyth, Mr Crooke said the Council was in no way bonnd lo accept Mr Sim's recommenelatioD, - JSo donbti fclutfc gentleman had some reason for making the recommendations, but it was not inoumbent on the Council tbat they should

Cr Smyth wished his Worship would suggest, what be considered would be the beet course to pursue tinder the circumstances. " \ Cr M'lntosh objected to such a suggestion. Ib was a matter tho councillors should decide for themselves. Cr Stokes was of ihe same opinion as Cr Miller— viz., that Mr Watt's offer should now be accepted in terms of the resolution passed at a previous meeting. Cr Pilling said he understood the decision of last meeting to be that it Mr Sim's opinion was to the effect that no poll was necessary, Mr Watt's offer would be accepted without further delay. He moved that Mr Sim's opinion be accepted. Cr M'lntosh seconded tbe motion which, on being pub to the meeting, was carried unanimously. Cr Pilling further proposed that Mr Watt's offer be accepted, subject to the approval of the drafb agreement submitted. Some doubb was expressed as bo whether this motion was necessary, a . similar motion having previously been carried, bub his Worship decided bo ac- I cepb it, and on its being seconded by Cr Smyth ib was put to the meeting and declared carried unanimou&ly. 'I'he meeting then went into committee to peruse the agreement with bhe Borough solicitor.