Feilding Borough Council

Feilding Star, Volume XI, Issue 67, 23 November 1889, Page 2

Feilding Borough Council

Friday, November 23rd, 1889 special meeting.

Present— His Worship the Mayor (Dr Monckton), Crs Lethbridge, Haybittle, S. J. Thompson, Watts, E. Goodbehere, J. o.' Thompson and Butherford. The Mayor stated the object of the meeting, which was to consider the correspondence between Mr C. Pharazyn and the Council, in connection with the diviation of the Kiwitea stream where it approaches the Kimbolton road &t Eeid's line. He read the reply from Mr Pharazyn, in which the" latter consented to the .proposed cutting being made, provided tiiat certain willows were planted aud tlood gates were ereoted. He then read the following resolution, which was seconded by Cr S. J. Thompson, That if the work be carried out -this council endorse the conditions, re Kiwitea flood diversion suggested by Mr Little and the Mayor, andagree'with the condition by Mr Phar;tzyn. ■ -.. • 'Cr Haybittle said the Councillors ought to know what they we're going -to pass. The cutting would open a wide question, and an indemnity ought to be obtained from the residents lower down the stream, to protect the Council against possible actions for damages. He pointed out that a jury wouJd always give a verdict against a public body. Until such indemnity were obtained he could not support the motion. If they had the means tie Council might protect the road by erecting a screen. Cr Goodbehere agreed with Cr Haybittle. It was a very serious question diverting a water course, and he did not know waere it might end. The Council should take' warning from other public bodies whose example they had before them. They had no estimates of the probable cost of the work to guide them, and the Council ought not to go blindfold i into it. ■ . Cr Lethbridge said he would like to have some idea as, to the probable cost, but it did not appear to him that the resolution bound the Council to anything, because the consent of the Corporation to; the proposed cutting had yet to be obtained. He had heard that a land owner lower down had threatened to write to the Council warning them he would hold them liable for any damages as soon as a shovel was put in the ground: He said he hoped to see the Feilding Borough, Manchester Eoad Board and Kiwitea, Eoad Board join together and make a bridge under the provisions of the new Public Works Act, and these bodies might be invited to assist at the same time in making up the road. He thought the Mayor deserved a good deal of credit for the way he had'worked the matter tip. Cr J. C. Thompson asked how many property holders would have to be consulted.

The Mayor said nothing would be done until estimates had been prepared and the money voted by the Council.

The Council went into. -committee

On resuming the resolution was earned by 6 to 2, Crs Goodbehere and Haybittle voting against. Cr Goodbehere ' explained that he voted against the resolution because he objected to the stream being touched. The Mayor propqsed, Cr J. C. Thompson seconded, That instructions be given at once for the necessary agreement to be prepared with Mr Pharazyn. , Cr G-oodben ere opposed, as the drawing up of the agreement would cost money. He thought the Council should first know whether the works' were to be carried out.

Cr Haybittle objected to an agreement being drawn up until the matter had gone further. He — on the part of the ratepayers — objected altogether to spending money in this way. / Cr Leth bridge thought the resolution might be deferred. He would like to be better informed, before the stream was diverted, by some higher authority on engineering. Cr J. C. Thompson thought the resolution might be deferred. Cr Rutherford could not vote for the resolution as it appeared to him there was no immediate hurry .for it. The Mayor said lie would ask the permission of the Council to withdraw the resolution. — Permission granted.^ This concluded the business.