CAMBRIDGE BOROUGH COUNCIL.

Waikato Times, Volume XXXVII, Issue 3005, 17 October 1891, Page 2

CAMBRIDGE BOROUGH COUNCIL.

The above Council met on Tuesday, at 4 p.m. Present: His Worship tho Mayor (Mr Priestley, Cre. J. Hally and It. Kirkwood. The Election.—The Returning Officer reported that Messrs A. Bach, J. Weblier and W. Moihlny had been elected members of tho Council.—Crs. iiach and Moisley were present, aud having signed the usual declaration took their seats. MINUTKS,—The minutes of tho provious meeting were read nnd confirmed. I'iNANCK.—Overdraft on September Sth, CM!) 0s lid ; accounts paid during month, K2S 10s 8d ; amount lodged during month, £Sli 18s; accounts to pass for payment, £'25 l."is lOrl ; overdraft when accounts are paid, £:j:S7 Us Sd. Committees.— Tho various committees for the ensuing year were appointed as follows :—Legal and Financo : The Mayor, Crs. Hally, Bach and Bond.—Works : Crs. Webber, Kirkwood, Moisley, Roberts and Robertson. — Public Hall: Tho Mayor, Crs. Hally, Webber, Bach, Bond and Roberts.

Another Dispute About thb DrutAiu. —A special committee having been appointed to attend to thn contemplated alterations to tho Domain, Thornton Road, &c, they had called for tenders and had accepted Mr John Gwynneth's; but on September 2Gth that gentleman wrote the Mayor and councillors aa follows: —" I bear to inform you that in looking at the specifications for tho survey of Like Reserve, &c, exhibited id tho Town Cleric's office, I did not see the last clause in reference to payment. Had I done so I would not have sent you a tender for that work, as it sometimes takes six months to Ret a plan examined and certified to in the Survey Office for land transfer purposes, as all authorised surveyors are held responsible (for tho correctness of their work) by the Survey Department; on pain of having their licenses cancelled. There is no necessity of any stoppage of payment by those employing them. As I tendered under the impression that I would be paid for my work when it was completed, I cannot sign the specification with that clause in it. I am quite prepared to do the work at the price named in my tender; but I must be paid for tho work on delivery of the plans, kc, to tho Mayor or Town Clerk on completion, or Iwill not go on with the work."— The Town Clerk replied to this, and on September 30th Mr Gwynneth wrote him : "Replying to yours of the 29th instant enclosing a resolution passed by the Special Domain Committee, in reply to a letter of mine dated the 26th instant and addressed to the Mayor and Councillors, informing me ' that it is legally too lute t.i consider it now,' etc, etc. In reply I beg to inform you that on the 25th instant I tendered to the Borough Council of Cambridge under a specification unsigned, but headed, "Specification of work to be performed for the Mayor. Corporation, and Burgesses of Cambridge, by a licensed surveyor under The Land Transfer Act," and which contains on the first two pages all the information required by mo as an intending tenderer and I tendered accordingly ; not having then seen the third sheet, which contains a clause referring to the proposed method of payment by the Council. But although it is tha only clause in the specification which implies any duty to be performed on the part of the Council, it is not signed by them, or by any one on their behalf, and as it provides for a certificate, or something in writing, being obtained from tho Surveyor-General of New Zealand, etc. etc., (which he may refuse to supply) it will be necessary to make him a party to the contact, if the clause were to remain. If the work is considered of such magnitude as to necessitate tho preparation of a specification (for work to bo done by a licensed surveyor) prepared by an unlicensed surveyor, who does not seem to know, that all licensed surveyors are held responsible to the Surveyor-General of New Zealand for the faithful execution of all work undertaker, by them, under tho penalty of having their licenses cancelled ! So th it there is no necessity for that clause on the third page. As lam also anxious that all matters should be dono legally, I beg to inform you that I am still prepared to carry out my portion of tho work, in terms of the specification (in so far as it applies to what is to be done by the tenderer.) But us tho Inst clause refers solely to what is to bo done by the Council, and the Surveyor-General, and the obtaining from tho latter by the former of some receipt, in writing, (which he may refuse to give) it will be necessary to make him a party to tho contract if that clause were to remain. I am quite prepared to go on with the work on receipt ot a formal acceptance of my tender, in writing in'imating therein to me, that the work will be paid for on completion, and I think it is not yet " legally too late " to do this. But if the Council think it is, I must still decline to accept the clause <m the third page, or sign my name beneath it until the Surveyor General is made a party to it." The Committee then made arrangements with Mr D. Stubbing to do the work, and with such arrangements the Chairman of the Domain Board (Mr T Wells) agreed.—On October 12lh. Mr Gwynneth addressed another communication to the Mayor, curporation and burgosses, of which tho following is- a copy : "At the request of your Town Clerk, I tendered for certain survey work, after perusing a specification, which purported to bo a " Specification of work to be performed for the Mayor corporation and burgesses of tho Borough of Cambridge," and forwarded my tendor so addressed. On further perusal of the specification, I found a clause as to the proposed mode of payment f.ir the work, which I objected to and wrote to you to that effect, on the 2lith ultimo. I did not write to any committee. But on tho 2fli h ultimo I received a letter from tho Town Clerk, enclosing a copy of a io;olutlon passed by "The Special Domain Committee," and on the 30th ultimo I replied through the Town Clerk, informing him that my letlnr was addressed to the Mayor and councillors (I never had any written communication with tho Special Domain Committee), am.! explaining that I was still prepared to carry out my tender on condition that I be paid for my work on completion, fee. Sen letter. I have since heaid that the Special Domain Committee have opened my tendor and lottors addressed to you, and although my tender was oight guineas, and Mr Sitibbing's tender was for £15, they havo not accepted mine at £9 8s or Stubbing's at £l:i, but havo rejectod them both, and entered into a private arrangement instead with Mr Stubbing to do the work for SJI-», or 45 per cent over tho amount of my tender. I could not believo this to be true, so I asked Mr Jas. Hally (who I was informed was a member ot the special committee) and ha told me it was truo ! I thoroforq wish to call the Council's attention to the following facts, i.e., I tendered to the Mayor, corporation and burgssses, and not to the Special Domain Committee, and I expect my tender to be either accepted or rejected by them, but I have nob received any intimation from you as to whether it was either accepted or rejected ; and I may state, as a ratepayer, that it is contrary to the municipal by-laws to let work to the extent of £12 privately, and without calling for public tenders. As I have not had a reply to any of my communications addressed to you on this subject, I would respectfully ask yon to have them produced, read and replied to in duo course." —After some discussion it was resolved : "That the action of the Special Domain Committee with regard to the specification and tenders for the Council and Domain arrangements has the approval of the Council."—lt was further resolved, "That the Town Clerk inform Mr Gwynneth, in reply to his letter of the 12th inst., that the Domain Committee which has treated with him during the past month was the representative of the Council, and that what the committee has done is to be considered as having been done bv the Council."

Jlavob.— The Returning Officer was instructed tn take the necessary steps for the election of Mayor for the ensuing year. A Vacancy.—Or. Fawcatt having resigned, steps were ordered to be taken to till tha vacancy.

Gbavel. —Only one tender was received for carting gravel, &c—H. Crickett, at Is 2d per cubic } - ard.—This was considered too high, nnd was declined. Licensing Clkbk.—lt was resolved to ask tho Minister nf Justice t<i appoint the Town Clerk to also be clork to the Licensing Commissioners of tlm borough.

ACCOUNTS. —Tliß following accounts wern pass«ri for payment :— J. V. Thomson. £20 2s 7d ; IF. Prwce, A! 3; W. Sonter and Co., tl 17s 2d; W. (1. Collins, 17s ; W. S. Kvans, 12s 0d ; Wilkinson and Co., 5s ; T. Wells, Is 7d. This was all thfi business of importance.