Meeting of the Council of the Borough of Newtown, April 10th 1877.

Present, the Worshipful the Mayor, and Aldermen Abbott, Bailey, Fallick, Melville, Neale and Whateley.

Minutes:

Minutes of previous meeting having been read, were, upon the motion of Alderman Fallick, seconded by Alderman Neale, confirmed.

Correspondence:

Juliet Street, cesspit.

Letter read from Mr I. Kingsbury objecting to the emptying of his cesspit in Juliet Street. Received and resolved upon the motion of Alderman Melville, seconded by Alderman Whateley, that it be referred to the Nuisances Prevention Act Committee.

Toll House, Newtown Road.

Letter read from Department Roads and Bridges, stating that nothing can be done relative to the removal of the Toll House, Newtown Road, until after expiration of present lease. Received.

Kerbing and guttering.

Letter read Mr James L. Downing asking that the footpath in front of his house may be kerbed and guttered. Received and resolved upon the motion of Alderman Bailey, seconded by Alderman Neale, that it be considered at a later period of the evening.

Newtown Road, crossing.

Letter read from Mr James Lawson, asking that a crossing may be made into premises lately purchased by him on the Newtown Road. Received and resolved upon the motion of Alderman Melville, seconded by Alderman Whateley, that it be referred to the Works committee.

Inspector of Nuisances.

Letter read from the Inspector of Nuisances relative to an increase in his salary. Received and resolved upon the motion of Alderman Melville, seconded by Alderman Neale, that a sub committee be appointed consisting of the Mayor, Aldermen Bailey, Fallick and the mover, and for fresh specifications of duties, the amount of salary to be paid, and the amount guarantee required by the Council.

Free public library funds.

Letter read from Mr Llewelyn offering to give a concert in aid of the funds of the Free Public Library, and asking the patronage of the Mayor and Aldermen to the same. Received and resolved upon the motion of Alderman Bailey, seconded by Alderman Abbott, that the offer be accepted and the patronage accorded.

Report, nuisance, Newtown Road.

The Mayor brought up a report from the Inspector of Nuisances, informing the Council of the discovery by that officer of three drain pipes running from cesspits attached to houses on the Newtown Road, and discharging themselves into Wilson Street, all of which had been taken up and properly stopped. Received.

Lane off Wellington Street, kerbing.

Resolved upon the motion of Alderman Melville, seconded by Alderman Fallick, that a sum not exceeding £10 be voted to complete the Kerbing and guttering in a lane between Wellington and Oxford streets.

Lighting Borough with gas.

Moved by Alderman Melville, seconded by Alderman Neale, that the question of lighting the Borough with gas be referred to the decision of the bona fide ratepayers, and that the Mayor be, and he is hereby authorised to cause a ballot to be taken of the Ayes and Noes of such rate payers.

Amendment moved by Alderman Abbott, seconded by Alderman Fallick, that in the opinion of this Council it is desirable that the Borough should be lighted with gas, and that a Committee be appointed, consisting of the Mayor, Aldermen Bailey, Whateley and the mover, to inquire as to the probable cost etc, and report to the Council.

Two further amendments moved by Alderman Melville, one, “that is not advisable to increase the taxation of this Borough without inviting the opinion of those to be taxed”. The other, “that this Council do now adjourn”, lapsed for want of a seconder.

[The following down to Miscellaneous is transcribed verbatim from the original minute book. The intended meaning of the minute taker is left to the reader to determine]

The amendment was then put and the show of hands being

[the next line has been squeezed in at a later period between the above line and the line ‘Ayes’]

upon the resolution being negatived, Alderman Melville moved two further amendments.

Ayes,
4.
Noes,
2.

Was declared carried.

Division thereon,

Ayes,
Aldermen Abbott, Bailey, Fallick and Whateley.

Noes,
Alderman Melville and Neale.

Amendment re-put as original motion and carried.

Miscellaneous:

Alderman Fallick drew attention to the close proximity of the cesspits to the wells of certain new houses in Union Street, and suggested that a notice should be inserted in the daily papers relative to the building of cesspits. The Mayor promised to see to the matter.

Alderman Abbott asked whether the scavengers were to enter the yards to take the rubbish away, or to have it placed for them outside. The Mayor said that the scavenger’s box should be placed outside.

The Mayor informed the Council that he had come to no decision yet about the gates in Egan Street, and would not do so until he obtained some information from Mr Reuss of Pitt Street. He further mentioned having seen the Mayor of Camperdown, relative to Gardiner’s drain and Bishopgate Street, who said that he would call a meeting of the Works Committee of that Borough to inspect the work, and if they were agreeable to carry it out a communication would be forwarded.

Relative to Mr Pearce’s claim to be reimbursed the 10 shillings rate said to be paid in error, the Mayor found that the Municipalities Act gave the Council no power to refund, and that therefore it had no jurisdiction in the matter. The Works ordered to be done had not been completed, the crossing on the Newtown Road at the Missenden Road junction would cost between £8 and £9. A nuisance reported by the police as coming from a factory on the Newtown Road had been visited by the Inspector of Nuisances, and reported to have been abated. The Mayor likewise stated that the roadway at Trafalgar Terrace had become so bad that a man had to be employed to repair it.

Alderman Melville inquired if any further information had been received concerning the widening of the railway bridge, Newtown Road, and it was resolved upon the motion of Alderman Bailey, seconded by Alderman Fallick, that a letter be forwarded to the Minister for Public Works asking when it will be convenient to receive a deputation from this Council which was appointed relative to the widening of the railway bridge on the Newtown Road.

Downing’s letter further considered.

Upon the further consideration of Mr Downing’s letter, it was resolved upon the motion of Alderman Abbott, seconded by Alderman Neale, to postpone it’s consideration until next meeting of Council.

Valuer’s report.

The Council Clerk informed the Council that the valuation of the Borough was not yet completed, and would occupy about three days more, the matter was thereupon allowed to stand over to next meeting.

Printing tenders.

The Council then, upon the motion of Alderman Bailey, seconded by Alderman Fallick, resolved itself into a Committee of the whole for the purpose of further considering tenders for printing postponed from last meeting.

Resolved upon the motion of Alderman Whateley, seconded by Alderman Bailey, that the tender of Messrs Moss and Donst to perform the printing as required by the Council at schedule of prices named in tender be recommended for acceptance.

Upon the motion of Alderman Abbott, seconded by Alderman Neale, the Council resumed.

The Mayor, as Chairman of the Committee of the whole, having reported the item as agreed upon in Committee, it was resolved upon the motion of Alderman Abbott, seconded by Alderman Fallick, that the report as now brought up be adopted.

The Council then adjourned.

Confirmed in open Council this 24th. day of April 1877.

Signed James F. Smith, Mayor.


 

Meeting of the Council of the Borough of Newtown, April 24th. 1877.

Present, the Worshipful the Mayor, and Alderman Abbott, Bailey, Cozens, Fallick, Galvin, Melville, Neale and Whateley.

Minutes:

The minutes of previous meeting having been read, were, upon the motion of Alderman Bailey, seconded by Alderman Fallick, confirmed.

Correspondence:

Works mining statistics.

Letter read from the Hon the Minister for Mines forwarding copies of Works relating to mining statistics of the colony for the use of the Free Public Library. Resolved upon the motion of Alderman Abbott, seconded by Alderman Whateley, that the letter and Works be received.

Postal and Telegraph statistics.

Letter read from the secretary to the General Post Office, Sydney, forwarding copies of reports on Postal and Telegraph statistics of the colony for use of the Free Public Library. Resolved upon the motion of Alderman Fallick, seconded by Alderman Cozens, that the letter and Works be received.

Railway bridge, Newtown, Road widening.

Letter read from the Hon the Minister for Public Works, intimating his willingness to receive a deputation from Council relative to the widening of the railway bridge on Newtown Road on a day named therein. In connection with this letter, the Mayor stated that the deputation had interviewed the Minister on the day named, and that the Minister was evidently favourable to the request, whereupon it was resolved upon the motion of Alderman Bailey, seconded by Alderman Abbott, that the letter be received.

Inspector of Nuisances.

Letter read from the Council Clerk complaining of the conduct of the Inspector of Nuisances. Resolved upon the motion of Alderman Fallick, seconded by Alderman Whateley, that it be received.

Inspector of Nuisances, resignation.

Letter from Inspector of Nuisances resigning his situation. Resolved upon the motion of Alderman Bailey, seconded by Alderman Galvin, that the resignation be received.

W. Wylie, cesspits, contractor.

Letter read from Mr William Wylie, contractor for emptying cesspits, complaining of insufficiency of work in this line. Resolved upon the motion of Alderman Fallick, seconded by Alderman Galvin, that the letter be received and laid upon the table.

Mr I. R. Jones crossing Simmons Street.

Letter read from Mr I. R. Jones, asking that a crossing might be made into his premises in Simmons Street. Resolved upon the motion of Alderman Fallick, seconded by Alderman Whateley, that the matter be referred to the Mayor.

Reports:

Accounts.

The Mayor brought up the report of the Finance Committee No 4, submitting a list of accounts already paid amounting to £99/2/10, and recommending payment of others to £176/4/4, which was, upon the motion of Alderman Fallick, seconded by Alderman Whateley, adopted.

Mr James Lawson, crossing, Newtown Road.

Alderman Bailey brought up the report of the Works Committee, No 5, recommending, with regard to the letter of Mr James Lawson, that a 12 inch drain pipe be laid down at the crossing into his premises on the Newtown Road, and filled in on the top with earth to the level of the footpath, provided that Mr Wilson pays for the cost of pipes required, which was adopted upon the motion of Alderman Bailey, seconded by Alderman Fallick.

Specification, Inspector of Nuisances’ duties.

The Mayor brought up the report of the Inspector of Nuisances Specification Committee submitting specification of duties, salary etc. attention to the office of Inspector of Nuisances as directed by the Council. Received.

Clause 1.

Resolved upon the motion of Alderman Melville, seconded by Alderman Cozens, that clause 1 of the specification stand as read.

Clause 2.

Resolved upon the motion of Alderman Melville, seconded by Alderman Cozens, that clause 2 of the specification be amended by the adding of “from time to time as directed by the Mayor” after word ‘inspect’ on the first line, the remainder to stand as read.

Clause 3.

Resolved upon the motion of Alderman Melville, seconded by Alderman Fallick, that clause 3 of the specification pass with the addition of “requiring to be emptied” after word “cesspits” in the first line and immediately after the words “he shall” in the third line, in lieu of after word “Clerk” in the fourth line.

Clause 4.

Resolved upon the motion of Alderman Melville, seconded by Alderman Fallick, that clause 4 of the specification stand as amended with the erasure of “other” after the word “all” in the first line.

Clause 5.

Resolved upon the motion of Alderman Melville, seconded by Alderman Cozens, that clause 5 of the specification stand as amended by the substitution of “once a month” in lieu of “when required to do so by the officer each and” after the word ‘Council’ in the second line.

Clause 6.

Resolved upon the motion of Alderman Melville, seconded by Alderman Cozens, that clause 6 of the specification be amended and passed as follows: — the word “it” substituted in lieu of “He” in the first line, “direction” in lieu of “opinion” in the third and fourth lines, the addition of “be his duty as far as possible to” after the word “shall”, as also the erasing of the words “and material of the several closets” in the first line.

The Mayor intimated his wish to retire for a short time, and asked the Council to appoint a chairman pro tem, whereupon it was resolved upon the motion of Alderman Galvin, seconded by Alderman Cozens, that Alderman Bailey do take the chair in the absence of the Mayor. Alderman Bailey took the chair accordingly.

Clause 7.

Moved by Alderman Melville, seconded by Alderman Fallick, that clause 7 of the specification stand as read with the substitution of the word “Borough” for “Corporation” on the second line.

Amendments moved by Alderman Galvin, seconded by Alderman Cozens, that all words after “bill ” in the first line be struck out.

The Mayor at this stage re-entered the chamber and again occupied the chair.

The Amendment put and the show of hands being Ayes, 4, Noes, 4, the Mayor gave his casting vote with the Ayes, and declared the Amendment carried.

Amendment put as original motion and declared carried.

Further amendments moved by Alderman Abbott, seconded by Alderman Melville, that the words after “collect” in the first line to “force” in the fourth line be struck out, and that the words “as instructed all moneys owing to the Council, and outstanding from time to time” be inserted in lieu thereof.

Further Amendment put and the show of hands being ayes 4, noes 4, the Mayor gave his casting vote with the noes and declared the further Amendment negatived.

Amendment re-put as original motion and carried.

Moved by Alderman Bailey, seconded by Alderman Galvin, that this Council do now adjourn to this day week, there not being a quorum of members present the meeting lapsed.

Confirmed in opened Council this 8th day of May 1877.

Signed James F. Smith, Mayor.


 

Special meeting of the Council of the Borough of Newtown, April 27th. 1877.

Present, the Worshipful the Mayor, and Alderman Bailey, Fallick, Galvin, Melville, Neale and Whateley.

Specification duties, Inspector of Nuisances.

The Mayor brought up the report of specifications of duties of Inspector of Nuisances Committee, which was received, and upon the motion of Alderman Melville, seconded by Alderman Fallick, ordered to be considered at a later period of evening.

The Mayor likewise brought up the report of the Lighting Committee which was received and ordered to be considered at a later period of the evening upon the motion of Alderman Bailey, seconded by Alderman Fallick.

Alderman Galvin brought up the report of the Nuisances Prevention Act Committee which upon a motion by himself, seconded by Alderman Melville, was ordered also to be considered at a later period of the evening.

Assessment and rate.

The Mayor laid before the Council the Valuers returns of all rateable property within the Borough. Resolved upon the motion of Alderman Bailey, seconded by Alderman Fallick, that the Returns be received.

Resolved upon the motion of Alderman Bailey, seconded by Alderman Neale, that the Council do now resolve itself into a Committee of the whole for the making of an assessment on the rateable property within this Borough, in accordance with the Municipalities Act of 1867.

The Committee having examined the Valuer’s returns it was moved by Alderman Fallick, seconded by Alderman Neale, that this Committee having before them the valuation of rateable property within the Enmore, Kingston and O’Connell Ward’s of this Borough, made by the duly appointed Valuers thereof, hereby make on the basis of such valuation, an assessment on such rateable property, in accordance with provisions, and for the purposes of the Municipalities Act of 1867. Motion put and carried.

Resolved upon the motion of Alderman Fallick, seconded by Alderman Neale, that the Council do now resume it’s sittings, and that the assessment as now made in Committee be reported for adoption.

The Council having resumed the Mayor as Chairman of the Committee of the whole reported that such Committee having had before them the valuation of the rateable property within the Borough, made by the duly appointed Valuers thereof, and made, on the basis of such valuation, an assessment on such rateable property, in accordance with provisions, and for the purposes of the Municipalities Act of 1867, which assessment is now presented to the Council for adoption.

Moved by Alderman Galvin, seconded by Alderman Fallick, that the assessment as made in Committee be now adopted by this Council as the assessment for the now current year upon the rateable property within this Borough, and the provisions, and for the purposes of, the Municipalities Act of 1867. Motion put and carried.

Resolved upon the motion of Alderman Melville, seconded by Alderman Whateley, that a rate be levied for the now current year of one shilling in the pound on the assessed value of the rateable property within this Borough, under the provisions, and for the purposes of, section 164 of the Municipalities Act of 1867.

Moved by Alderman Whateley, seconded by Alderman Fallick, that the Council hereby fixes and appoints Saturday the 19th day of May proximo, as the day on which appeals against the valuation of rateable property shall be heard, and that the Council Clerk be directed to give due notice of the same, by advertisement, as required by section 175 of the Municipalities Act of 1867. Motion put and carried.

Moved by Alderman Fallick, seconded by Alderman Whateley, that the assessment and rate be fairly transcribed into the rate book as directed by section 169 of the Municipalities Act of 1867, and that the Mayor be authorised to affix the Corporate Seal thereto. Motion put and carried.

Resolved upon the motion of Alderman Bailey, seconded by Alderman Galvin, that the amount in respect of the rate of one shilling in the pound, imposed under the 164th section of the Municipalities Act of 1867, for the now current year, shall be payable at the expiration of 30 days from the service in each case of notice of such rate, but in all cases where payment of one half of the said amount together with all arrears, if any, shall be made within 30 days after the expiration of the said period, no legal proceedings by distress or otherwise shall be taken by or on behalf of this Council for the recovery of the remaining amount, until the 30th day of September next.

Specification duties of Inspector of Nuisances considered.

Clauses 1,2,3,4,5 and 6.

Resolved upon the motion of Alderman Melville, seconded by Alderman Fallick, that clauses numbers 1,2,3,4,5 and 6 of the specification be adopted and passed as amended at the meeting of the 24th. instant.

Clause 7.

Moved by Alderman Melville, seconded by Alderman Galvin, that clause 7 of the specification be passed with amendments as follows; substituting the word “Borough” for that of “Corporation” and erasing words “whether for rates” in the second line, and words from “Act” in the third line to “and shall” in the fourth line. Motion put and carried.

Clause 8.

Resolved upon the motion of Alderman Melville, seconded by Alderman Whateley, that clause 8 of the specification be passed as read.

Clause 9.

Moved by Alderman Melville, seconded by Alderman Fallick, that clause 9 of the specification be passed and adopted as amended Viz., inserting words “on” after “twice” and “working” after “each” on the first line. Motion put and carried.

Clause 10.

Resolved upon the motion of Alderman Melville, seconded by Alderman Fallick, that clause 10 of the specification be passed and adopted as read.

Clause 11.

Resolved upon the motion of Alderman Melville, seconded by Alderman Fallick, that clause 11 of the specification be passed and adopted as read.

Resolved upon the motion of Alderman Melville, seconded by Alderman Fallick, that clauses 1 to 11 inclusive as now amended by this Council be and the same is the specification of duties appertaining to the office of Inspector of Nuisances for this Borough.

Gas Lighting Committee’s report considered.

Moved by Alderman Whateley, seconded by Alderman Fallick, that the report of the sub Committee appointed to inquire and bring up a statement as to the probable cost of lighting the Borough with gas, have the honour to recommend after mature deliberation that the Borough be forthwith lighted with gas at a cost of £7 per lamp; that the Gas Company be requested to erect 53 new lamps in addition to those already erected throughout the Borough to be placed in positions in accordance with instructions from a Lighting Committee to be appointed by the Council and that a rate of four pence in the pound be now levied for the purpose of meeting the cost thereof.

Amendment moved by Alderman Melville, seconded by Alderman Galvin, that so much of the report as refers to fixing and levying a gas rate be postponed till meeting of the Council on 22 May proximo, to give an opportunity to such rate payers as may feel aggrieved at the levying of such gas rate, to lay before the Council their objections against same by petition. Amendment put and carried.

Further resolved upon the motion of Alderman Melville, seconded by Alderman Fallick, that the consideration of the report as now amended be postponed till 22nd May proximo.

Nuisances Prevention Act Committee report considered.

Cesspit, Mr I. Kingsbury.

Resolved upon the motion of Alderman Galvin, seconded by Alderman Melville, that the report of the Nuisances Prevention Act Committee No 3 suggesting that the By-laws relating to the Nuisances Prevention Act of 1875 be re committed for Amendment and that in the interim the case of Mr I. Kingsbury referred to the Committee be postponed.

The Council then adjourned.

Confirmed in open Council this 8th. day of May 1877.

Signed J. F. Smith, Mayor.


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