ASHBURTON BOROUGH COUNCIL

Ashburton Guardian, Volume IV, Issue 1015, 7 August 1883, Page 2

ASHBURTON BOROUGH COUNCIL

The ordinary fortnightly meeting 61 the Borough Council was held last evening, at the Council Chamber. Present—His Worship the Mayor, Crs A. Orr, 'J. Orr, W. Roberts, Bird, Nelson, Harrison and St. Hill. mayor’s statement. The Mayor stated that the overdraft at the Bank was L 749 4s 6d. CORRESPONDENCE. Letters were read from Messrs Wright and Ivess, M.H.R.’s, in reforenc to the coal and timber sites in East street, and asking to be furnished with the names of those who were infringing the conditions of the leases, in order to lay the matter clearly before the Government. The Mayor stated that he had seen a copy of the lease under which these railway reserves were held, and found that the tenants had a right to erect buildings for storing coal, timber, etc. As the provisions of the lease were very comprehensive, he did not intend to take any action until the Council had defined the mode of procedure. Or. Harrison was of opinion that the conditions of the lease would hardly allow offices for commission and land agents to be erected on cha sites.

Or. J. Orr said he was prepared to remove his store some twenty-five feet from its present position, if the Council wished it. He only used the store for the storage of goods, and rarely sold goods direct from it. He wished to merely fulfil the conditions of lease, and consult the wishes of the Council as to widening the streets.

Or. St. Hill thought that the leases were being infringed by certain parties. One of the buildings on these sites was subdivided a d let to certain parties. He would move that the nam-a of the lessees infringing the conditions of the lease bo forwarded to Wellington. The Mayor suggested that all the names of the lessees should be forwarded, as well as a description as to the uses to which the sites were put in each instance. Cr Harrison said he knew a, case in which a tenant was offered LIOO for the goodwill of his lease. The Mayor stated that there were several places of retail business on these sites.

Cr A. Orr said he knew that at the outset preference was given to those who were likely to do a large business with the railway. His firm paid nearly LI,OOO per annum for rail carriage, but there were several of the present lessees who scarcely expended a sixpence in rail carriage. Cr J. Orr said he had already fully represented his case to the Government. On the motion of Or St Hill, the suggestion of the Mayor was adopted. The Secretary to the Gas Company wrote stating that he was unable to take action in the matter of a lamp near the Police Station at present. FIRE BRIGADE. The Captain of the Fire Brigade handed in hia report, and enclosed a statement of expenses incurred at the late fire. It was decided to forward the letter to the Wakanui Hoad Board, as the fire occurred in that district. THE DISPUTED RATE CASE. Mr Hugo Friedlander wrote as follows:

To his Worshipful the Mayor and Borough Councillors, the Borough of Ashburton.— Gentlemen, —I have the honor to acknowledge receipt of your Clerk’s letter of the 25th ult, and in reply beg to say : —l. I exceedingly regret that the spirit of my letter of the 13th ult should have been misconstrued, taking the introductory and concluding remarks in the Town Clerk’s letters of the above date as your hon. Council’s expression to be conveyed to me. 2. My letter of the 13th ult was not meant to convey any accusation for neglect of duty against the Rate-collector, who is at the same time Town Clerk, nor did my remarks to which the Town Clerk in his letter of the 29th ult took exception contain anything, which, in my humble opinion, he could possibly have been offended at.—3. All I wished to convey > to, and for your hon. Council’s careful consideration was, and is:—That if default is made in the payment of rates, who should be proceeded against first, the landlord, who is most conveniently got at, but who could in no way exercise his right to vote, etc., or the person whose name appears on the rate-roll, and who as such enjoys all the privileges under the Municipal Corporation Act 4th. I was under no misapprehension when I addressed the Rate-Collector, and I still am of opinion that the proper person to proceed against first is the one whose name appears on the rate-roll, and who to all Intents and purposes contracted with the Borough Council for himself and h's executors as soon as the rate-roll has passed the Assessment Court, to pay to them, the Borough Council, any rates they could legally strike during the existence of the said rate-i 0i1.—5. If your hon. Council is under the impression that the late Mr Martin or his executors cannot be held liable, because the rate was only levied on the 19th of March or fully six weeks after the late Mr Martin’s death {vide you letter of the 25th ult.), then you have not complied with the provisions of the Act, as you have not served me with the proper notices of your intention to strike a rate. ~6. I trust that your hon. Council will carefully consider the question I raised, as the decision undoubtedly will be looked upon as a precedent for similar cases which might happen within this Borough; and further, it is a question which affects the right and interest of all landlords more or less. Yours etc., Hugo Friedlander.—August 1, 1883. After some discussion it wis decided to leave the matter in the hands of the Council’s solicitor, subsequent to its consideration at the next meeting of the Council. engineers’ report. The Engineers' report was read as follows: Asphalt in East street : The Works Committee agreeing that the contractor for the ■maintenance of the above had fulfilled his agreement, decided that the account should be paid.—With reference to Mr George Cates’s application, it was decided to level a small portion of the gully so as to give access to his section in Grey street from the road.— The labor gang have been engaged in re-form-ing the Alford Forest road ; moving cottage to P'ire Brigade section ; spreading shingle; clearing footpaths and side channels ; making and fixing culverts; digging in plantations ; attending to water supply, etc., etc. The report as read was adopted. NEW BUSINESS.

Cr St Hill drew the attention of the Council to the bad state of the footpaths in Peter street, in front of Acland, Campbell .and Co.’s shed, which was caused through the bad drainage from the building. Cr Nelson also drew attention to the state of the footway in Tancred street in front of Fowler’s buildings, and also in Burnett street in front of Bullock’s Arcade. During wet weather he had seen small streams of water coming down off the tops of those buildings on to the footpaths, which made it unpleasant to passengers.

It was decided to ask the Engineer to look into these matters, and report at the next meeting. Cr St Hill also drew attention to the state of the premises at the rear of the Union Bank.—Referred to Engineer and Inspector of Nuisances. Cr St Hill asked whether anything had been done in reference to the outstanding account due by the Wasanui Road Board for the outfall drain ? As this money had been owing for three years it was quite time the matter was settled some way or another.—The Council resolved that another application be made to the Board in accordance with the Act. BOROUGH SOLICITOR. Gr St Hill gave notice that he would move at the next meeting of the Council, that the question of Borough solicitor bo considered. PAYMENTS. After a number of accounts _ were passed for payment the Council adjourned.