CITY COUNCIL.

Globe, Volume XXIII, Issue 2322, 13 September 1881, Page 3

CITY COUNCIL.

(The City Council met last evening. Prosent—Hie Worship tho Mayor, Ors. England, Treleaven, Vincent, Ayers, and '.Thomson. f j, The new councillors having signed tho usual - i declaration took their seate, viz., Ors. Hulbert, ' Bowman, Louisson, and Hiorns. 3 A special meeting was held, at which the i street watering rate of ljd in the £ was [ struck. Tho fortnightly statement of acoounts was —Eeoeipts on general account, £782 5s lid ; i suspense acoount (receipts), £lB5 13s 7d ; i and (payments), £2Ol 9a 2d ; bills paid by oommittee, £l5B le 5d ; bills to be paid, £560 31 2d ; oredit at the Bank, £2369 15j. Letters were read—Prom the Drainage Board, announcing that a rate of lOd in the £ had been struck in tho City of Ohristchurch. From the Selwyn County Council, asking Che Council to 03-operate with that body in seeking information as to who was responsible for maintaining the Park roads.—Or. Vincent suggested that the matter was already decided by law. After brief discussion, Cr. England suggested that the Council might appoint a oommittee to confer without committing itself, and accordingly Or. Vincent ard the Mayor were deputed to confer with the County Council on the matter.—A letter from the Tramway Company was read, in re their application that tho Council would keep their part of the streets in repair where the tram rails are laid. Referred to the works oommittee. Prom Bev. Charles Praaer and others, asking for the lowering of the street between tho Hospital and St. Andrew's Church. Referred to the works committee to report.

Tho Mayor said ho had received a letter during tho week from Messrs Garrick and Oowlishaw, city solicitors, as follows : To his "Worship the Mayor. Sir,—We notice that Cr. Treleaven, at the Council meeting 'yesterday, referred to the length of time which elapsed before giving: our opinion as to what would be a legal notice to Mr Haskins. We do not know, of oourse, what further transpired at the meeting, but we feel sure that, unless the matter was overlooked through the hurry and excitement of debate, you would have taken care to place the Council in full possession of the facts. You will remember that you called on the Ist September with the bond of tho sureties for Mr Haskins, and asked us to advise. We then stated that we should require to be supplied with the terms of Mr Haskins' engagement. On the same day you brought us the resolution appointing Mr Haskins. It was so general, and the terms of appointment not being therein specified, we required other information. Ton remarked that you were dependant on the town clerk for the information, and that there might be some difficulty in obtaining the same. We recommended you to formally call upon Mr Haskins, as town clerk, to furnish you with all minutes and documents bearing upon his appointment. We received them from you on 3rd September (Saturday), and advised you on Monday, September sth. Will you please see that we are put right with the Council upon this matter.—Tour obedient servants, Garrick and Oowlishaw. The Mayor explained what communication he had with the city solicitors, being in substance a corroboration of the above letter.— Or. Treleaven said when ho spoke at tho previons meeting he understood from the Mayor that the city solicitors had all necessary information on September Ist, his Worship having made no mention of an intervening date.—Other Ors. expressed a similar understanding of the matter, indicating that the misapprehension under which Or. Treleaven had spoken was shared in by tho majority of the Ors. present on the occasion.

The City Surveyor's report was read as follows:

1. The worst of the hollow place 3 in Cranmer square have been filled up and levelled. I am informed by Mr Armstrong, the Government gardener, that it is now too late to plant trees of the size that ought to be planted in the square, and that the proper time to do it would be just prior .to the fall of the leaf. I will therefore bear the matter in mind next autumn. 2. I have received an application from the Union Bowing Club for permission to erect a staging about 4ft wide on the side of the river a little above where the boat sheds now stand, and as this privilege has been granted to others, I see no objection to tho request being complied with. The shed belonging to the Union Club will shortly be removed to private ground on the other side of the road. 3. A new fire alarm bell has been received from America, and it has been erected at the Lichfield street station. 4. Petitions have been sent in to request the Council to take over two blind alloys, called respectively Lyttelton street and Mortimer place. They are both about 16ft wide, and have been channelled and metalled by the Council at the expense of the inhabitants. Lyttelton street was laid out in 1862, and Mortimer place in 1E73. 5. Mr Bradley, the contractor for the asphalte kerbing in Cashel street, is now having it put down. 6 The formation of the South belt between Selwyn street and Lincoln road will be completed this week. It would be very advisable to have this shingled, otherwise before the summer is over it will be again in as bad a condition as it was formerly. O. Waiides, City Surveyor. The application referred to in clause 2 was agreed to ; the Counoil also agroed to the petition re taking over two blind alleys. Or. Thomson drew attention to the fact that the footpath was being formed at a level which would interfere with channel drainage, and a letter from Mr White was read on the same subjeot. The surveyor explained that although the footpath was raised the side channel occupied the ordinary level. He remarked, however, that there was likely to be some little difficulty in tho matter, as the Drainage Board wished to divert the drainage from this channel from the brick sewer, which now reoeived it, to the river, so as to relieve pressure on the sewer. The question was ultimately referred to the works committee to report. The surveyor's report as a whole was then approved. A report from the rate collector was read in reference to certain applications for remission of rates, which, after consideration, were refused.

Or. Ayers moved, in accordance with notioe, the following resolution—" That in the opinion of this Council it is most desirable that an asphalt footpath should be formed from the junction of Manchester street south to the Railway station, and that in the interests of the people travelling by rail, the Government or railway authorities be most earnestly requested to join the Council in the coat of the same." He thought they could fairly ask the Government to contribute a portion of the expense of the work, as there could be no doubt a private company in possession of the railway would undertake the work itself. Cr. Hulbert seconded the motion, remarking that in his opinion, the Government should bear the whole cost, seeing that the Council would be at the expense of the maintenance after the footpath was formed.—Cr. Hiorns coincided with the last speaker.—The resolution, after other Councillors had spoken in support of it, was carried. A list of committees for the ensuing year was then drawn up and agreed upon. In referesce to the question of tho removal of the town clerk, the Mayor intimated that ho-had reoeived an opinion from Mr George Harper. The letter was read, being to the effect that in the absence of any special agreement or by-law bearing upon the town olerk's appointment, the Munioipal Corporations Act of 1867, section 159, or that of 1876, seotion 102, must be looked to for determining the nature and extent of the i appointment. After quoting authorities, the writer prooeeded to say that he was of opinion that it was competent for the Council to remove Mr Haskins at any time it might see fit, and without being obliged to give any previous notice other than should appear to it reasonable. He did not think authority oould be found to show that any notice from two to six months must necessarily terminate at the end of the year. After recommending that the Town Clerk should reoeive three months' notice, Mr Harper concluded by saying he was strongly of opinion that the Town Clerk could be dismissed at any time by the Council, with or without notice. His Worship the Mayor, by request, then read tho opinion of the city solicitors, which has already been published. Cr. Hulbert suggested that the Mayor should aot on the opinion of Mr Harper, and extend tho notice of the other officials to the same length as that given the Town Clerk. The Mayor said he should not think of acting as judge between two legal gentlemen giving such conflicting opinions. He would, of course, carry out any resolution of the Council on tho subject. Or. Louisson suggested that tho Town Clerk should be asked what notioe he required, as he felt certain the Council would be averse from taking harsh action in reference to a gentleman holding his position. He fully recognised the difficulty both the Council and the Mayor wero placed in by these conflicting legal opinions. Cr. Ayers moved—" That the matter be deferred till next meeting, in order to give effect to Or. Louißson's suggestion, the Mayor, in connection with tho departmental committee confer with the town clerk in the

interim aa to the length of notice he would require."—C'r. Louis»on oeoondod the resolution, which wai carried.

Alter dealing with some applications for licenses, the Council adjourned.