CITY COUNCIL.

Globe, Volume XXII, Issue 2058, 28 September 1880, Page 3

CITY COUNCIL.

The ordinary meeting of the Christohurch City Council was held yesterday evening at the usual hour. Present—His Worship the Mayor, Crs. Ayers, Lambert, England, Thomson, Hulbert, Cuff, Cherrill, Vincent, Bishop, King and Gapes. The Mayor reported that the credit at the Bank amounted to £1528 8s Bd.

The Mayor stated that a matter had come to his knowledge which he proposed to lay before the Council as calculated to prove interesting to councillors. The Government had intimated to the chairman of the Charitable Aid Board that in view of the stoppage of immigration the Government could no longer be responsible for Mr March's salary, which would, therefore, have to be made up by the local bodies interested in the Hospital and Charitable Aid. Ohrißtohurch, of courso, was largely interested, although, considering the extent of country affected and the number of governing bodies who were liable to share the responsibility, tho share which Ohristchuroh would be called upon to contribute would not be very considerable. He thought it his duty to mention the matter. The usual statement of accounts was presented, which went to show—Beceipts for week ending 27th, £474, 7s 7d. Brainage rate 1880, £52 16a ; Brainage Board rate, 1880, £lB4 16i 7d. Bills to be paid, £482 14a; Brainage rate account—interest, October Ist, £462; Brainage Board, £539 6s 7d.

The accounts as read were passed, and the bills ordered to be paid. A letter was read from Mr H. W. Packer, asking if the Council would make arrangements whereby he might place a line of rails across the South town belt, between Colombo and Burham streets, for the purpose of connecting a railway siding with a portion of town reserve No. 144.

On the motion of Or. Bishop, the matter was referred to the works committee, to roport to the next mooting of the Council. The city surveyor's report was then road as follows :

! 1. The artesian pipes are now down in Victoria street to a depth of 135 ft., and are now on the hard .layer which broke the pipes of the last well. The contractor is taking every precaution he can to make the job a successful one, and in order to do so he is trying to drive the plug independently of the pipe, and if successful he will then drive tho pipe after the plug. 2. I have had the fence removed from one block of plantation on the East belt, as it was in a very dilapidated condition, and the trees are quite largo enough now to stand without protection ; but the fence surrounding another block I have had repaired, as the trees are too young to be left without one. 3. Mr Turner's tender was accepted for cement for laying the concrete channels in Horatio street and Chudley's lane. The report was approved. Tho by-law and tramway committee reported as follows: City Council Chambers, Christchurch, September 27th, 1880. Your committee have had under consideration for some time a number of questions referred to them connected with the tramway concessions, and in dealing with tho subject have thought it advisable to collate all the facts procurable, so that the Council may have before them the fullest information, and thereby be enabled, as the representatives of the ratepayers, to protect the rightß and privileges of the public while dealing fairly and justly with private enterprise. By direction of your committee the city surveyor has prepared the attached plan showing the different lines of tho tramways as delineated on the official plans deposited by the company when applying for tho concession, and which received the approval of the Council. On the same plan of the city surveyor is also shown the linos as at present laid don n. By reference to this plan it appears that the Tramway Company have departed from their deposited plans in eleven places marked iu blue by the city surveyor for easier reference. These deviations are as follows: LINKS AS LAID DOWN. I. Loop line encroaching on north side of North belt. 2. Loop line, Victoria street, between Peterborough and Salisbury streets. 3. Loop line opposite Market place. 4. Beviation of curve at junction of Colombo and Victoria streets. 5. Beviation of line on Colombo street through Cathedral square, and loop lice ia middle of road. 6. Siding tound S.E. side of < athedral sqnare, from Colombo street to tramway sheds. 7. Deviation of curve, Colombo and High streets. 8. Loop lino Colombo street, between Tnam and St. Asaph streets. 9. Loop line High and Manchester streets. 10. Beviation of curve, Manchester street and South Town belt. 11. Loop lino South Town belt, opposite Railway Station. LINES AS SHOWN ON TRAMWAY COMPANY'S DEPOSITED PLANS. 1. Straight line across North belt, in continuation of centre of Victoria street. 2. Straight line centre of Victoria street. 3. Straight line centre of Btreet. 4 Cnrve nearer west side of street. 5. Line departs from centre of the Colombo street south of Cathedral square, thence along the kerb opposite the Oodley statue, again coming to the centre of the street on the north side of the square. 6. No line shown. 7. Curve nearer N.W. side of street. 8. Straight line along centre of street. 9. Straight line along centre of streets. 10. Curve nearly to kerb west Bide of Manchester street, where it joins South Town belt, thence to south side of belt. 11. No line shown. The line along the Sonth Town belt connecting Colombo street and Manchester street has not been included in the above, as it appears to have received the consent of the Council, although no deed of concession has been granted for it.

These deviations the Tramway Company asserts to bo requisite for the working; of the lino, and they claim that they are authorised by the Order in Council to depart from the original plans when considered necessary. Tour committee cannot ascertain that the Council ever authorised, or even were a?ked to sanction any of these deviations. Nor were they afforded any opportunity of suggesting any modifications that might have been considered advantageous in the interests of the rest of the public using the streets. In fact a protest was entered bj the City Surveyor against the manner in which certain of these deviations were being made, but the Council were advised that they could not insist on his_ suggestions being carried out. Your committee are of opinion that the local authority, in this case the City Council, should have the sole right to sanction the laying of any sidings or loop lines, and your committee believe that the City Council ha«, but.to prevent any mistake or misunderstanding hereafter, your commutes would recommend the insertion of a clame in all future concessions similar to that found in like concessions in other parts of the colony:— That no sidings, stations, platforms or loop lines shall be erected or made by the promoters except in places and according to plans previously approved in writing by the City Surveyor for the time being of the City of Christchurch (thereinafter termed fngineer.) While on the subject of future concessions your committee beg to recommend the following additional clauses for the consideration of the Council.

And they will i.e., th«i promoters from time to time raise or lower the said rails as may be required by the city surveyor for the Stirae being of the Corporation, so as to keep them on a level with the surface for the time being of the several streets, Ac, &c. And wfll also, so far as may be practicable, make and execute all alterations and repairs of the said tramway during night time, and will not, without the consent of the in writing for that purpose first obtained, during the daytime place or allow to remain in or upon the streets, roads, or places, in, through, or along which the said tramway shuH be constructed, any material for the alteration or repair thereof, or of any part thereof, nor to do anything whatever contrary to the by-laws of the Corporation for the time being in power in the city of Christchurch. That as between the parties hereto the promoters shall alone be responsible for all injnries to persons, animals, and vehicles, and for all interruptions of public traffic that may be occasioned by making or ÜBing the said tramway or üßing Bteam power thereon. All trams shall pass round the corners of streets at a walking pace, and no tram shall be allowed to remain stationary upon the lines except at the authorised stopping places along the lines. That no part of the work authorised by this Order Bhall be commenced until complete plans and spscifications to the satisfaction of the engineer shall have been deposited at the office for the time being of the Council of the said corporation of the city of Chistchurch, and that such workß shall be constructed and completed only in accordance with such plans and specifications, and shall during the conßtrnction of the samo be Bubject at all times to the inspection and approval of the said engineer. That the promoters shall be liable to a penalty of not lobs than <£l and not exceeding .£lO for any breach or neglect to observe any of tho provisions of this order, or the regulation therein contained, for regulating the working and management of tho said tramways, suoh penalties to be recoverable in a summary way. The clauso respecting complete plans and specifications to be deposited. Tour committee especially recommend for adoption, as the present deposited plans are drawn to Buch a small 6cale, that great difficulty is experienced _in following the course of the lines when deviating from the centre of the streets, and foreseeing what the effect may be on the traffic of the road ; and further, the adoption of this clause will, they think, prevent the recurrence of any differenco of opinion where tho lines are to be laid. With reference to the dispute between

tramway and the cabmen respecting the South belt cabstand, your committee first of all desire to clear the Council from any blame in appointing the stand. The cabstand was placed_ in such a position that it wonld not have been within tome distance of the tram line, as shown on the deposited plans of the Tramway Company; bat the company, when laying their line, found it was practically impossible to put it where they had asked, and therefore altered the course running from Manchester street into the South town belt to suit their own arrangements, and without having consulted the local authority. Such permission, if asked, would either have been granted at the time and the cabstand moved, or if refused, it is admitted a safe curve could have been laid which would have escaped the stand, as will be Been by reference to the plans deposited by the Tramway Company on the 20th instant when applying for the consent of the corporation to a future Order iu Council. Your committee are of opinion that a great deal of the difficulty has arisen from the ill-advised concession to the Tramway Company of the right to place their lino so close to the railway station, encroaching on the footpath to within a few feet of the sonth side of the belt, thereby interfering with other wheeled vekicleß in the free use of a public thoroughfare. The concession as granted, without the Council concedes to the Tramway Company the further right of a stopping place, renders the line of little practical value to the Company, but only an inconvenience to the public, if the Conncil insists on the exercise of its undoubted authority to reaulate the traffic on the streets of the city. The right of the public to use this particu'ar part of the road, as well as all other parts where the line is laid, is specially reserved to the Council by both the deed of concession and the Tramway Act; and your committee therefore believe that the public could not be prevented from driving up to the kerb and remaining on or acrosß the line for the purpose of taking up or putting down persons going to or coming from the Btation, and that the tramway carriages conld not force them away from any such position, but would have to take their turn of the use of the road equally and in common with the rest bf the public. Unnecessary or wilful obstruction, of course, would not be permitted by any one. Such being the belief of j-our committee, they think it would be in the interest of all parties to remove the tram line from the kerb of the footpath some twentyfive feet or so, in order that other wheeled vehicles could have the uninterrupted use of the railway frontage, and at the same time wonld allow the Tramway Company to have en oh standing accommodation and shunting conveniences as would fully meet thsir requirements. The Tramway Company have been asked if they will Bbift their line from its present position to meet the above snggestion, and if th«y agree to do so, and this arrangement meet with the approval of the Conncil, yonr committee do not Bee any insuperable difficulty in working out the details. As Boon as the reply from the Tramway Company is received, your committee will be prepared to recommend situations for standing places. Your committee might state that they cannot hear of another tram line running alongside of a footpath of an important thoroughfare, to discharge its passengers. Even in cities where the traffic is infinitely larger than it will be in Christchurch for many years, it seems to be the invariable rule for tram cars to discharge their passengers in the centre of the road, nor ia this found to be inconvenient to the public using .he cars, or a source of accidents. Yonr committee have obtained the advice of city solicitors on several points connected with the tramway concession, and your committee append hereto the opinions dated the 24th May and 10th September, 1880. The opinion bearing the earlier date hsd more especial reference to the Cathedral Square deviation (previously referred to as No. 5 in this report). At the timo this part of the line was being laid the city surveyor took exception to the situation of the loop line, and suggested certain alterations, and your committee then in office obtained the advice of the city solicitors, which is as follows : —" "We have examined the Order in Council and deed of concession, and they appear to us to warrant the company in constructing the line along the centre of the road through the square. The plan deposited indicates that .the line would be made at the side of the road near the Qodley Statue, but we are of opinion that the order modifies the plan, and authorises and requires the main line to be made along the middle of all streets." As the situation of the line in Cathedral Square appeared to be in all respects subject to the slime peculiarities as the railway station line, viz., a deviation from the centro of i the street to the kerb, then parallel with and close to the footpath for some distance, and then returning again to the centre of the road, your committee thought the same opinion would be equally applicable to both caseß, but in the latter opinion of the solicitors they state —'* The company, in our opinion, is entitled to take their terminus to the railway Btation, but whether their line as laid down complies with the order, is also a question which can only be authoritatively settled by the referee appointed by the section 32. In our opinion, the line as laid down, subject to the question of the variation in curve of Manchester street, is authorised by the Order in Council. The solicitors refer the Council to section 32 of the Tramway Act, 1872, which provides for the appointment of referees by the Governor to decide any difference that may arise between the promoters and the local authorities, should the Council take advantage of this clause and leave the matter to be settled by the referee, as provided. Your committee question if such a course would settle the whole difficulty, as it could not affect the general control of the streets, vested in the local authority in the interest of the public. Your committee think it would be more to the advantage of all parties if any alterations or additions required by the company should be for the local authority to grant in the form of a further concession. With reference to the application of the Tramway Company (deposited the 20th inst.) for the consent of tho Corporation to a further Order in Council. Your committee report as follows :

He Extension for constructing Addington Line —Tour committee recommend that an extension of time be granted for the construction, but the length of time reqnired must be stated and approved by the Council, it not appearing in the advertisement. JRe High street Line, frcm Manchester street to East, Belt —Tour committee wish to direct the attention of the Council to a peculiarity of construction (vide city surveyor's report of the 25th inst.), and recommend that the Tramway Company be aßked for further information as to the necessity of the deviation from the centre of the street.

Siding from Colombo street to Manchester street along South belt—This is a new piece cf main line ratker than a siding, but as it received the sanction of a previous Council (Bth September, 1879), your committee_ consider that the Tramway Company is in equity entitled to the use of it as constructed, although no legal right has yet been granted. Tour committee desire to call attention to the city surveyor's report respecting an alteration on part of the line where it connects with the Manchester street curve and endorse his opinion that it would interfere with other traffic by monopolising more of the railway frontage and entirely obliterating the 'bus stand. Generally the committee cannot recommend the Council to consent to the order as it now stands, but trusts that such modification j can be made or arrangements entered into that will enable the Council to further the interests of an important private enterprise while conserving the public privi|eges. Your committee append for the information of the Council an abstract of the terms on which concessions have been granted by local authorities to the promoters of tramways in Chrißtchurch, Dunedin and Wellington, the only places in the colony where tram lines have been constructed under the Act of 1872. The question of fees for licensing the tram oars, conductors, and guards, as well as the fees payable by the cabmen, and several other matters connected with the subject, have been receiving the attention of your committee, but the time at their disposal has not been sufficient to complete their investigations. B. C. Bishop, Chairman. Abstract of the terms on which concessioßS have been granted in the colony under the Tramway Act, 1872.

Report of the City Surveyor to the By-law Committee on the deposited pl»na of the Tramway, dated 20th September, 1880. High Street line—l observe that the main lino, thown in the plan from Mud-as to Barbadoea streot, is not in the centre of the road, and it appears to me that there la no necessity for deviating from the centre at this particular place. Although at the present timo the abovementioned piece of road is not of much consequence, it may probably in the course of _ a few jews become a busy locality, and the line not being in the centre might provo an inconvenience to the inhabitants on the south side of the street. As the plans deposited by the Tramway Company with the City Council are generally to a rather small scale, I would suggest that whenever the Tramway Company desire to deviate from tho centre of the road thatitshoul i bo so indicated in figures on tho plana, and in the absence of figures to denote the deviation that the iuo asked for should be assumed to be

in the centre. Ido not see any objection to the two loop lines shown, provided they are used as passing- places merely, and not stations or standing places. : South Belt line—l do not see any objection to this line' (so far as its being a connecting link between the Colombo and Manchester Btreets lines is concerned) but I think the alterations proposed by the Tramway Company in front of tke station would interfere with the working of the other traffic, as, by the proposed alterations, more of the frontage line would be monopolised by the tramway, and it would involve cancelling a by-law which fixes an omnibus stand at the north-west corner of the station building. C. Walkden, City Surveyor. 25th September, ISBO. The following letter from the Secretary of the Tramway Company was read : Christchurch, September 27. Sir, —In reply to yours of the 20th instant, I have the honor to inform you that in the interest of the public safety the Company cannot accept the proposition of the committee to remove the tram lines, in order to permit wheel traffic between the tramcara and the curbstone at the railway station, but the directors are witling to meet the City Council at any time which may be convenient to ascertain the wishes of the Council in relation to tramway matters. Yours, &c , Alfred Evans, Secretary. Chairman By-law Committee. Or. Bishop moved—" That the report of the by-law committee be received." He added that he had seen the chairman of the Tramway Company that evening, and mentioned to him the utility of having an aephaite _ footpath to connect the tram stand in the road with the footpath. The idea appeared to strike him as worthy of consideration, and he (Or. Bishop) now suggested that the matter should be allowed to stand over for a few days, bo that tho Tramway Company could have an oppor. tunity of reconsidering their letter as just read. The Mayor remarked that it would be scarcely possible to deal with so elaborate a report that evening. Councillors would require to make themselves thoroughly acquainted with its recommendations. The Council resolved to postpone consideration of the report, copies thereof to be furnished to each of the councillors.

.a 0 M a a '•3 I .s o p !> Term of concession 21 yrs. 14 yrs. lOyra. Annual rent ta be paid by Tramway Company to the Corporation Nil .£365 10 per Width of road to be cent, on kept in repair by profits Tramway Company 7ft 8Mb ; 15ft 9ft Gin