HAMILTON BOROUGH COUNCIL.

Waikato Times, Volume XIV, Issue 1231, 20 May 1880, Page 2

HAMILTON BORO UGH COUNCIL.

The ordinary fortnightly meeting of the Council was held at the Council Chambers on Tuesday night, the following being present : — His Worship the Mayor, Crs. Jones, Mullions, Davis, Price, McGarrigle, Pearce, and Vialou. The minutes of the previous meeting having been read, Cr. MoGarrigle rose to a point of order, asking why the Mayor had not voted upon the Clarence-street contract question. The Mayor said the minutes must be couth mcd iiist, and this "was done. The Mayor then explained that he had written for the opinion of the Auckland Town Clerk on the liihng which he gave at last ordinary meeting re the Clarencestreet contract. The opinion of Mr Phillips was that the Mayor had no alternative but to put the resolution protested against by Cr. Vialou. A letter was read from Messrs Hammond and Byron ollenng to the Council a vtvy suitable weighbridge, if such a machine should by erected in Hamilton. The price was £52 10s, and the machine was in very good order. Cr, Jones did not think the Borough could go to such an expense at present. He moved that no steps be taken in regard to it. This was seconded by Cr. Pearce and carried. Mr Land wrote aceej^ting the office of poundkeeper at Hamilton West, at halt fees. He pointed out that the pound was only a couple of pens. The Clerk to the Kirikiriroa Road Board wrote stating that the Board could not see its w<vy to join in a conference n Hospitals. A telegram was received by Cr. Price, •stitiug th.it he could no be present to superintend the screwing up the bridge. 'Die Chairman of the .South Am Idand Cattle Board, wrote under date Bth inst. statiug that the restrictions on c tttle on the west bide the rher hid been removed. The Mayor .said the levtriotions had been removed, on the East side and, no doubt, they would have intimation of it. Mr J. T. B lylan, C.E , wrote ottering his servife& ab ci^inner to the Council, and naming terms as follows — '21 percent on ail works, minimum to bj £1 10^ • same om mission to be allowed in worli> tendered for but not uiuloi taken. F'l'itel ias tailw iy pas-, to be ; \o\ ided. The Major abke.l it any ssip*l i p* ought to to be tik-m to obtain the service* of Mr BoyLui, whose terms appeared to be very reasonable. After iWus->ing Hie matter, Cr. J ]ue^ uiovc-d — 11iil;lhe question iun 'in m il>( i.tnce lor the picscnt, .rid tli.it ti ndui b. % inwled fui ( ng-mciM-m» botwie-, roi the ii.nuu^h ; tendoi-. to be ri at the ne\t meeting of tin- Coiijh il The motion was .-cc3iuljd by Cr. D wic* and cuii''d. The Secretary to the Trco-siry t?lrgraphed, stitin^ that the sum ot ±13 17& 2d had been placed to t ; ie uedit of tho Council at the Bank oi 2s T ev>' Zo ilau'l, Hamilton, being one moiety of expjnditure of the Council on the b.id^e stone woik. * Mi' IT. Tomaswro f c regarding hi., cl tim on contract at Heaphy Terrace, stating that the remarks which had been published regurdiujf the state of his work weie calculated to do him serious injury. | It was resolved that the letter be not received. A letter was read from Mis Vowless, complaining of the state of the drain near her property. Kef erred to. the Works Committee to report. The Chairmau of tlie South Auckland Cattle Board wrote intimating that the Board at its meeting of the loth, had decided to take off the restrictions as affecting the Borough on the East side of the liver, but that owners of cattle straying beyond the limits w r ould be prosecuted. The Mayor asked if it was desirable to advertise the removal of the restrictions. Cr. Mullions thought it ought to be advertised. It was resolved to insert an advertisement. The Clerk to the Waikato County Council, wrote stating that as the matter of Hospitals and Charitable institutions was about to be dealt with by the Government it was inexpedient to take any action at present. Mr Hicks wrote asking the Council to erect a footpath over the drain in front of his property in Collingwood-street. Referred to the Public Works Committee with power to act. The Public Works Committee reported that at a meeting held on the 7th May, it was resolved as follows :— To engage Mr Calderwood to letter the notice boards on the bridge; The Committee to assemble at 10 a.m. on Saturday to examine drainage works at Bridge-street, east. At a meeting on the 14th in&tifc was resolved ; to recommend that Mr Calderwood be employed to take charge of the work of screwing up the bridge ; to obtain about 450 or 500 drain pipes from Auckland, also to obtain the price of pipes from the local works : To recommend the Council to authorise the Foreman of Works to employ the gravel contractor to supply as much gravel as may be required for the repairs of the main roads ; To recommend the Council that the embankment leading

to the bridge on the West side of the river be widened and that the bank opposite the property of Mr J. B. Whyte be cut down to its permanent level, the earth to be used for the work and for filling in the footpath opposite Vialou's property. (Jr. Jones, moved--" That the .standing orders be suspended to allow of his bringing forward a motion without notice." This was caried. (jr. Jones then moved—" That the resolution passed at a previous meeting, re the tightening of the bolts on the bridge, be rescinded. " The motion, having been seconded, was duly carried. Cr. Price considered that owing to the late rains the timber in the bridge would be too much swollen to allow of the bolts bp,ing properly screwed. He moved that the matter be left over for the present, and that tenders be called for painting and tightening the bolts next summer. Cr. Jones seconded the motion, and on being put to the Council it was carried. Cr. Jones moved — Hint the clause in the works report, ;vthc widening of the bridge approaches, be not adopted, and in lieu thereof tenders be called for, on Fiiday week ne\t, for removing the bank, near Commercial Hotel, to the bridge and to Vialou's footpath ; also, altcrnatnc tenders for removing same to the back of the Council Chambers. Cr Pearce seconded. Cr. Pearce moved as an amendment — 'lhat tenders be called for widening the bridge approaches, taking the earth from Richmondstreet. Cr. Davis seconded. The Mayor said the report referred to the filling in of the footpath at Vialou's, and, Cr. Price assented to this, and added to his motion the words, "And that the earth for filling in Vialou's footpath be taken from the cutting near the Commercial Hotel." Cr Davis thought they would get the work done for much less money by taking the earth from llichmond-.street. Cr. Jones said his motion did -not bind the Council to take the earth from near the Commercial Hotel. It was only for the purpose of ascertaining the cost. The amendment was lost, and the original motion was then put and carried. Cr. Davis asked if anything had been done to open Richmond-street? The Town Clerk reported that he had communicated with the police on the matter, mid they had referred it to Insjjector Thompson. Councillor Davis gave notice to move, |at next meeting — "That the Council I fix the permanent levels of Kichmondstreet."' The Mayor said with regard to the ruling of the chair at the last sitting lie had been borne out by the Auckland City Council rules. With regard to purchasing land from Mr Seddon, he had considered it di&creet to wait on Mr Sheehau at Cambridge for a legal opinion on the subject, and had obtained an opinion to the effect that the Council had no alternative but to carry out the action decided upon in relation to the matter. He u ould also draw the attention of the ( !ouncil to the necessity for having a Fire Biigade organised. There was no telling when a fire might break out, and they had no means of extinguishing it. He would like to hear the opinions of Councillors on the matter. The next business of the Council was to strike a rate for the ensuing year. It was then resoh ed that the rate for the ensuing year be Is in the •£ on the animal value of all rateable property. Cr. McUarriyle rosa to move the following, in accordance with notice given at the previous moet'iig: — 1 h it in the opinion <>t tin;, Council , owing to leit.iin mfoi m ition which Ins tianspncd, the Louiii ll not being aw. ire ot such at the tune, th.it the deputation scit to negotiate with Mr S"d<l<.n /''pun haM of land has exceeded the intention of this Council, b\ leluuiuishing the light t > No. 61, it being mt hided in the claim lor ( onipensation from hit. solicitor, and he agreeing to sell siuh claim in tall, at the meeting of committee appointed to investigate the same, it is dcMiablc that a wntten statement of all that ti .inspired it llu- negotiation belaid on the table, and th it the whole t'eit} be cancelled, and c\peits obtained to value the claims. He nsVed the M lyor if the opinion of Mr ShcL'h.m was intended to override his motion. If so it wa-> no use to make any remarks The Mayor slid the opinion was not so intended, and Cr. MeG-arrigle could uo on. Cr. McGanigle s;iid the motion was connected with Mr .S-'ddon's claim, a claim which lie oppo-nl fiom the first, as bsing exorbitant. He wis one of a Committee <appnin cd to sec Mr Neddon, to get him. to reduce the amount of his claim Thoy failed, and ropoited progress to the Council, and a, deputation was then appointed to ende ivor to etket the same pmyose. Tlii.s (kpntition (Cis. Price and Viaion) agreed to purchase the land ; but when they brought it before the Council they did not. breathe a syllable about any ot the Lunl leteircil to l>y Ml (Sedilon ill his claim bsing leasehold. For this reason he tlk'icforo moved the resolution. He could not divest his mind of the idea that the whole thing was illegal. It his motion was lost he would enter a protest. The land pin chafed was only about half-au-acrc, and if Mr Seddon chose to lend £400 upon a picje of land of that extent he oul.l not so*; any reason -why the Council should give him within C 2-") of that sum. He considered that Mr Seddon had led the committee to believe that both allotments weie to be included in the purchase, and it was only when the deputation waited on him that he spoke of his inability to .sell lot (il. The claim put in by Mr iSeddon was for damage done to the two allotments. Cr. Jones seconded the motion j>ro forma. He was not aware that any of the property Avas leasehold until he heard it the other day in the street. Before I that he thought the whole of the land had been purchased. Cr. Price said the deputation were sent to mike the best bargain they could for the puveha&e of the freehold lot 60, which was in two seperate allotments. The leasehold was never mentioned As soon as they had come to an understanding" Cr. Vialou got a draft agreement drawn out. The Mayor asked Cr. McGlarrigle if he intended to repudiate the action already taken by the Council ? Cr McGarrigle said such was his intention. The Mayor: In the face of Mr Sheehan's opinion? Cr. McGarrigle said he had asked the Mayor if the notice was overriden by Mr Sheehan's opinion, and the Mayor had not stopped him. He -would like to test the feeling of the Council on the question. The Mayor did not think the Council would like to place itself in snch a false position as to repudiate the former action. In answer to Cr. Peat, The Mayor said he had stated why he went to Cambiidge on Sunday. The Clerk read the correspondence relating to the transaction. The Mayor moved as an amendment to the motion of Cr. McGarrigle— That any interference with the relations subsisting between Mr beddon and this Council in connection with the icccnl purchase of the land as shown in the agreement between the p. u ties would not be in accordance with the legal opinion of Mr Sheehan, and that the Conncil resolves that it is inexpedient and undesirable that any steps be taken to distuib the same. He thought that by following Cr Mc> Garigle's motion they would lead the Council into litigation Notwithstanding any misconception which may have arrisen the report of the deputation had been adopted by the Council and it was now simply impossible, for tliein to repudji

ate. Sofar aslelinquishing the claim to the leasehold went, nothing was lost as the lease had but a very short time to run. Cv. Vialou seconded the amendment. Ho wished to say a few words on that part of the motion which btated that Cr. Price and himself had exceeded their instructions. They would all remember that the deputation was appointed to settle the matter to the best advantage. They tried hard to get the price reduced to £350, but failed. Mr Seddon saying that he wanted the money he had lent; on the property. The} r thought they had done a good thing when they got £25 taken off, and he thought the motion was therefore rather uncalled for. Even were it to be passed the motion wonldbe perfectly useless, and it would only result in wasting the funds of the Berough . The Mayor said he was quite prepared to withdraw tho amendment if Cr. McGarrigle would withdraw motion. Cr. McGarrigle said he had no animosity to^ ards any one at that table, oi towards Mr e'eddon. What he did was upon public grounds. He was still of opinion that the transaction was illegal, and as he would, in the event of his motion being lost, be compelled to protest he did not see the use of withdrawing it. After some 'further remarks from Or. Vialou, The Mayor put the amendment to the meeting with the following result : — For : Crs. Peat, Price, Vialou, Pearce, Mullions, and the inpver. Against : Crs. McGarrigle, Jones, and Davi3. The motion was then put : — For : Crs. Jones, Davis, and the mover. Against : The Mayor, and Crs. Peat, Price, Vialou, Pearce, and Mullions. The amendment was therefore carried. Cr. Vialou, in accordance with notice of motion moved — "That the earth approaches to the bridge on the we&t side be widened, and that the permanent levels of Richmond-street be taken." The Town Clerk said aotion had already been taken in this n.atter. Cr. Vialou said it was not in order to go on with business to be dealt with in a motion, notice of which had been given, until that notice had been disposed of. The Mayor admitted that a mistake had been made. The matter was brought up in the Works Committee's report. Cr. Jones said Cr. Vialou was not in his place when the matter was brought forward. The Town Clerk having read the resolution moved by Cr. Jones, Cr. Vialou said he was quite willing that the Council should adjourn till after the tenders had been received, when he could bring on his motion. This was agreed to, and it was resolved that at its rising the Council adjourn till Friday week. Cr. Peat moved that the following per&ons be notified to remove the furze near their property on the Cemetery road : — Messrs Vialou, Fnlcham, Deegan, Beere, Percy, Thomas Aitkin, William Aitken, and othei s Carried. Cr Peat drew attention to the rutty state of the Cemetery road, which he supposed the ' Works Committee would attend to The Foreman of Works reported that certain repairs would be required on No. 1 Britlge. Referred to the Works Committee. The Council then adjourned.