THE FORMATION OF FOOTPATHS.

Wairarapa Age, Volume XXIX, Issue 8172, 4 July 1906, Page 5

THE FORMATION OF FOOTPATHS.

THE BOROUGH.COUNCIL'S POSITION.

At a recent meeting of the Master*on Borough Counoil, i* was decided to obtain the opinion of Mr tl. A. Pownall on the question of whether the Council had.power to make the owners of frontages contribute half the oost of forming footpaths in the Borough or whether the work had to be provided for oat of the loan schedule. A letter from Mr Pownall was read at the meeting of the Woras Committee last evening with regard to the matter. He gaye it as his opinion that the Council could not compel any contribution towards the oost of forming footpaths from the owners. "It is quite clear without going into authorities," continued, the letter, "that money borrowed by a Municipal Corporation upon a special loan must be strictly expended in accordance with the loan proposals. Those proposals should have contained the estimate of half the oost of the footpaths, if it was intended to enforce the bylaw. Instead of that they contained, as I understand*, the estimate of the whole oost, and on that basis tne ratepayers voted. The Counoil - represent the ratepayers and must carry out their wish aooording to the vote, j It seems inequitable that certain owners should get their footpaths constructed without contribution after others in the past have been compelled to pay their half; but I have nothing to do with that in advising. I can only suggest that in future the Counoil, to act equitably,, can only drop the bylaw, unless in special cases where owners require footpaths tormed for their own immediate benefit. The footpaths scheduled in the loan proposals mast be formed without any contribution from the owners. The owners of frontages affected voted on this basis, and the whole of the ratepayers by vote agreed to it, therefore the Council must oarry it out." Itjwas stated at the meeting that this opinion would settle thß difficulty in connection with the application of the Bannister Street residents for a footpath.