Gravel Reserve Leases.
THE BOROUGH COUNCIL AGAIN DISCUSS THE QUESTION THE MAYOR OX ELECTtOXEERJNG PURPOSES. WARM WORDS.
,An adjourned meeting of ttiio Levin Borough Council was held at the council offices, Oxford street, last evo nillg) the Mayor (Mr B. R. Gardener) presiding, and the following members present:—Crs. Cameron., Palmer, Prouse, Arciis, Lancaster, Fiance, Williams, Mackenzie, Hannaii, with Mr P. W. Goldsmith (town clerk). The question before the council was that of the Gravel Reserve leases, which 'had been discussed at length on. the two previous evenings. At the outset, The Mayor read the following opinion from Messrs Harper and Harper:— t "We have been asked to advise as to the meaning of the proviso to section IHS, sub-section (a) of the MunKeipail Corporations .Act 1908, which reads as follows: 'Provided that a lease which lias been offered as aforesaid and not sold may, at any time within twelve months thereafter, be sold by • private contract, at a rent pot' loss than the rent when it was so offered.' This proviso empowers the council to grant a lease of land privately at any time within twelve months after the same has been offered at public auction- Tihe proviso does n ot make it compulsory for the council to grant a. lease by private contract within twelve months from the date of tihe auction, the use of the word 'may' giving the council a discretionary power to grant a lease by private contract within the stipulated period." Continuing, the Mayor pointed out that this opinion bore out his ruling oj| the previous eveningCr. France: Will the borough have to pay for this legal opinion? The Mayor: Of course it will. Or. France: Your opinion was right, and it seems an unnecessary expense. The Mayor; But T am o-ily a lay-
man. Cr. France: I think those wlio demanded a legal opinion should pay for it. Cr. Mackenzie was understood to say the opinion of Messrs Harper did not exactly settle the 'point ho raised. Cr. Haimaji was rising to speak, when The Mayor asked Cr. Mackenzie to say really what ho did mean- He was only wanting Cr. Han nan to speak and give him the lead. Or. Mackenzie said that this was not so. Or. Hann a n remarked that, in lii.s opinion the upset prices proposed were too low. It was a grievous mistake to iix the upset rental at 15s, and it was not too late to draw the Council's attention to the matter. The position was a serious one.
Cr France: Tt is. Or Haijjian : It is all right if you get competition, but it won't' be all right if you don't get competition. The .incident the n terminated. The Mayor then moved:— "That the upset price for the section occupied by Mr l'i]jk bo £1 per foot of hontage ground ; re n t, and £15 ])er ann , "" '<"' building. Or. Mackenzie opposed tlie motion on the ground that he wanted to seo the matter adjusted more fairly. CY Proiise maintained that the assessments proposed were quite fail but there seemed to be some people who could never answer for their own actions or speeches. (Laughter.) Cr. Comeron supported the motion Or. Lancaster remarked that Mr Piink might have to pay more than what he was now being proposed to be rated at by the council. Cr. France considered that Mi Pink was being let off very lightly, and intimated that it woiiild be his intention to move an amendment at a later stage. The Mayor emphasised, the fad that the properties were going to be put up for auction, and to tell phe people they might get compensation as had been stated, was merely a delusion. £15 a year for rent of a shop like the one in question, which was in the centre of the town, was, i)i 'his opinion, a very low rent indeed. A Councillor: Too low. Or. Mackenzie moved, as an amendment, that section 27 be disposed of as follows: a reserve of £1 a foot on the land, and loaded with the sum of £60 for building, t-> be paid for in n«t more than four years. Cr. Hann a n seconded. ,The Mayor ruled the amendment out of order. The council had n o power whatever to load tho buildings. The amendment, lie added, was illegal. Cr .I'rance, as an amendment, moved : That the upset rtrice of the section 'l )e 30s a foot, and the an nual value of the building "O £20. Cr. Hannttiv seconded. The amendment was rejected. Those voting foi , the amendment were: Crs. France, Hannaji a n d Mackenzie. Against, The Mayor, Crs. Cameron, Palmer, Proiise, "Arens, Lancaster and Williams. Cr. Mackenzie moved a furthei amendment: That section 27 bo disposed of as follows: a reserve of £1 a foot on the land and £10 a year for five years \vhe-j-\ the build ing will become the absolute pro nerty of the tenant, subject to tho Municipal Corporation A<-t limitations. He said he could n ot secwhy the Council could not load tho sections with the value of tho building, and have the buiWin" question once and for all settled. It would be the simplest way out of the question. He did Tl ot know why on earth the Mayor had declined to receive his last amendment, and he had brought this one forward as the next best thing to do.
Cr. Hainan seconded. The Mayor declare! tliat to arcept the amendment, would place the Council ij] a very dangerous position., He did 71 ot kvjow what Or. MeKenzie was aiming at. He was tcyi n g to benefit the ratepayers one inqniout and tlie next moment working for the present tenants for electioneering purposes. Cr. Williams (Cr. McKorjzie having left the cilia mbor) warmly protested against this observation. It was in had taste! The Mayor (emphatically): Tf (Jr. McKejizie were here, I would tell him so! Cr. Williams: I say it is bad taste! The Mayor (warmly): J am n ot speaking to you. Or. Williams, I am speaking to Cr. McKenzic! Cr. Williams declared that some councillors only waited to make the people build whether they wanted to or not. _ The Mayor: That is not my posiCr. Williams (continuing) said that at all events it was the idea of some of the members. Jt was all very, well to try to screw a huge re n t out of the tenants.' The Council might kill the goose that laid the golde n eggs. (Laughter). The Mayor: They are paying twice as much now as we are asking them I Cr. Williams: But we have no idea wJiat they are going to pay, so your argument falls to the grou n d. I The amendment was rejected by I 8 votes to 2.I The Mayor's motion was then" put and carried.
Or. Palmer moved that the purchaser of Pink's section .bo given five years in which to erect a n ew buildingThe motion was rejected on the Mayor's casting vote. In connection with section 28, the Mayor moved: That the upset -price for the section occupied by Mr Wilson be £1 per loot frontage, and £32 per annum for buildings. This was carried. The Mayor moved: That the upset price f«r the section occupied by Mr North be £1 per foot frontage ground rent, aijd £17 per ann um > This was carried, The Mayor further moved': That the upset price for the section occupied by Air Weitzel be £1 per foot frontage, and ground rent, £15 per annum. Or. 'McKenzie remarked , that tho price of £15 should be increased in justice to Mr Pink. The Mayor said he would accept an increase to £17, as had been suggested. Or. Wii ,K ""•::;. facetiously remarked that ~: tiiid not see where justice was being done to Mr Pink by raising another man's rent. (Laughter). The motion, as amended, was agreed to. The Mayor also moved: That the upset price for the section owned by Mr Anstiee be £1 per foot frontage ground' rent per annum, a nd £10 per annum fo'r buildingsOr. McKenzio thought tho <p.rice was too high. Tihe motion "' as carried. The Mayor further moved: That the upset price for Mr Smart's section be £1 per foot frontage ground rent,-imd £20 per annum for'buildings- , ■ Cr.. France, as an amendment, moved that the price he increased to £25.. The amendment was rejected, on the Mayor's casting vote. Eventually the. price was fixed at £22 for huilding. Tho Mayor moved: That the upset price for Mr Bradley's section be £1 per foot frontage and £15 per annum buildingj also £1 per foot for stable. >>
This was also carried. The following rents were also agreed to:—Mr Corson, ground rent frontage £1 per foot; Mr Smith, £1 per foot frontage and £15 per annum if the building cannot be legally .removed.
.AVith reference to Mr Stiles's section tlie following .amendment was earned and adopted on becoming the substantive motion:—That seetions 14 and 16 be offered at an upset rental of £15 per foot frontage. with an additional £30. The Coun-t-'.i also adopted the annexed pro-po-sition (moved by Cr. McKenzie) : That sections 1 and 8 be held over. The Mayor next moved that the Council reserves the right ijj the event of any building <> r erection, or any part thereof on arjy of .the said sections in their _opi n jon becoming unfit for occupation or dangerous to public health or falling into a ruinous and" dilapidated condition, to order the lessee to re-build the whole building or erection. °T to reinstate the part of such building or erection s " condemned. This was adopted. The Mayor also moved a resolution to t'he effect that where any lessee is ordered to re-build in accordance with the 'foregoing paragraph or intends to rebuild o n his own initiative, then and in, any such case, ihe shall forthwith notify the Council of his intention so to do and 0710 71 receipt of such notice the Council shall dispose of such old fiuildiiiff in such manner as it shall think fit, and the proceeds, if any, ol such disposal shall be the property of the Council. This motion also carried, and after the Mayor had thanked the members of the Council for their attendance—,! summary of his speech .appears i n our local columns — the proceedings terminated.
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Bibliographic details
Horowhenua Chronicle, 11 August 1910, Page 2
Word Count
1,732Gravel Reserve Leases. Horowhenua Chronicle, 11 August 1910, Page 2
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