BOROUGH COUNCIL.

Kumara Times, Issue 2560, 5 September 1884, Page 2

BOROUGH COUNCIL.

The ordinary meeting of the Borough Council was held in the Town Hall last evening; present—His Worship the Mayor (D. Hannan, Esq.), Councillors Ziegler, Maloney, Burger, Campbell, Mulvihill, Davies, and Nicholson.

The minutes of the previous meeting were read and confirmed.

The outward correspondence was read and approved of. The inward correspondence was read and received, and considered seriatim.

A letter was read from the Secretary Kumara Hospital soliciting the Council’s usual donation of £SO towards the support of that institution.—The letter was referred to the Finance Committee. A circular was read from Wilfred Badger, Esq., solicitor, Christchurch, giving notice of his intention to publish an edition of the New Zealand Statutes with a work for the use of Local Governing Bodies, under the title of “ Local Government Guide and Ratepayers Manual for New Zealand,” being “Notes and Cases on the Law of the Colony affecting Boroughs, Town Boards, Road Boards, Counties, or other Local Governing Bodies, with Full Indices, Notes, Tables, Forms, &c.,” and asking for the support of the Council in replying to questions in a printed form attached.

The letter was referred to the Public Works Committee, with power to act. A letter was read from the Secretary to the Literary Institute reminding the Council of their having referred the matter of a £lO subsidy to the insti-

tute to the Finance Committee, but no reply having been received.

On the motion of Cr. Nicholson, seconded by the Mayor, the application was again referred to the Finance Committee, to report to next meeting of Council.

[The Council here resolved itself into a Board of Health. The report of the Medical Officer o£ Health was read and received ; and a letter from Mrs Pfaff, commenting upon the same, was also read and received. The Health Officer’s report was published in last Tuesday’s issue,]

On the Council resuming, Crs. Horne and Budkin took their seats. The Mayor moved—“ That the question of making the rate be postponed until after the consideration of Cr. Burger’s notice of motion be disposed of.”

This was seconded by Cr. Mulvihill, and carried.

A notice of motion by Cr. Rudkin taking precedence, leave was granted to said councillor to move the resolution of which he had given notice. Cr. Rudkin then moved—“ That the resolution of the Council re payment of members of the Licensing Bench be rescinded.”

[The resolution referred to was passe on November 15, 1883, and was as follows That the payment of fees to the Licensing Committee be done away with.”—Cr. Rudkin.] Messrs Nicholson, Burger, and Maloney, three members of the Licensing Committee, withdrew from their seats during the consideration of this question.

The Mayor seconded the motion, remarking that as the Licensing Committee had an exti'a meeting, it was only fair they should be paid.

Cr. Davies wished to know if the Licensing Committee had been asking for payment.

A reply was given by the Mayor in the negative, Cr. Horne objected to the motion, and reminded the Council of the illegality of payment, Dr. Giles (the Resident Magistrate) having given a decided opinion when Mr Toms, then a member of the Licensing Committee, summoned the Council for payment, that payment of members was not intended by the Act, and non-suiting the applicant, If members of the Licensing Committee went in for the honour, let the honour suffice; in fact, Mr Burger, a member of the Licensing Committee, gave his fee away, on principle, Cr, Ziegler opposed the motion.

A division was taken with the following result; —Ayes, 4—'The Mayor, Crs. Campbell, Mulvihill, Rudkin. Noes, 3—Crs. Ziegler, Horne, Davies.

The resolution was then declared carried.

Cr. Burger now moved—“ That the resulution passed by the Council on the 21st August, adopting the estimates, bo rescinded.”—[The following is the resolution referred to “ That the annual estimates, as now prepared in accordance with the provisions of Section 109 of the c Municipal Corporations Act, 1876,’ be received, considered, and approved of, with a view of making a rate for the current financial year.”] The simple reason he had for so doing was that the proper course in making out and publishing the estimates had not been adopted according to the Municipal Corporations Act. They knew already that the striking of a rate was illegal. If a sixpenny rate were struck, it would take all the money raised to collect it. Another thing, all the councillors should have the right to consider the estimates acoording to section 109 of the Act. His Worship the Mayor shields himself from advertising the estimates because it has not been done in former years, but the section referred to is explicit, “ such estimate must be publicly notified in the borough one week before making the proposed rate.” [The Mayor (holding up a paper with the notice striking the rate): “ Here’s the notice!”] Cr. Burger begged to differ with the Mayor. That was only a notice like the notice in section 42 of the same Act which requires that the Town Clerk shall “publicly notify” that burgers and defaulters lists “ are ready for inspection.” The 109th section did not say that the estimates were to be publicly notified as having been prepared, or being ready for striking the' rate, but that the estimate itself shall be publicly notified it must be published and printed in the borough. It was not so much on account of the sixpenny rate; but he wished to see the rate struck in a legal manner by advertising the estimate of the proposed expenditure, and doing justice to the ratepayers. The estimate wanted revising; the Town Hall was in a disgraceful state, and so were the premises in which the Council’s caretaker Jived.

fir. Horne seconded the motion. The Mayor, iu speaking against the

resolution, -would point out that in the interpretation cause in the Municipal Corporations Act, when anything is required to be “ publicly notified,” 1t is meant that a notice thereof shall be published. Half the estimates were spent, therefore what was the use of publishing them.

Cr. Ziegler said the only reason for the resolution seemed to be that the estimate on which they were to be asked to strike the rate was illegally done. They had seen a rate illegallystruck in this borough before, and it behoved councillors to see to it that the estimate be submitted in accordance with law. He should support Cr, Burger’s motion.

Cr. Mulvihill would move an amendment “ That the resolution stand over till next meeting, and the opinion of a solicitor be obtained as to the legality of making the rate on the estimate as prepared.” Both sides of the question read so very well that he could not well understand which was right. This motion was not seconded.

Cr. Campbell said a good many of the reasons given did not hold good ; for instance, it was said that the Council must be unanimous—[Cr. Burger : T. withdraw that,”] As regards giving notice, he was in favour of bavin® it advertised for the whole week. As regards the amount of the rate, lie saw no objection to its being reduced to 6d. He thought it would be acceptable to the public.

Cr. Nicholson said the whole thing seemed to hinge on whether the notice was legal or not.

Cr. Burger, in reply, said he still held to the 109th section. The Council had no right to adopt the estimate as it had done. The very fact of half the councillors being against it went to show that it could be amended. It was only a question of about two weeks’ delay in doing the thing in the Ie»al form. °

The motion was then put, a division being taken, with the following result: Ayes, s—Crs. Ziegler, Barger, Mulvihill, Horne, and Davies. Noes, 5 The Mayor, Crs. Nicholson, Maloney, Campbell, and Rudkin. The Mayor gave his casting vote with the Noes, and declared the resolution lost.

The Mayor then moved—“ That the rate of sixpence in the pound be now made for the current financial year.” The motion was seconded bv Cr. Maloney, and carried. This concluded the business of the meeting.