1408
THE NEW ZEALAND GAZETTE.
[No. 38

Warrant authorizing the Wellington City Council to construct Two Bridges over the Waiwetu and Hutt Rivers, together with the Approaches thereto, and apportioning the Cost.

—

ISLINGTON, Governor.

WHEREAS by section one hundred and nineteen of the Public Works Act, 1908 (hereinafter termed “the said Act”), it is inter alia, enacted in any case where the local authority of any district desires to construct a bridge or to establish a ferry or ford in any position that will in its opinion be of advantage or benefit to the whole or any considerable portion of the inhabitants of an adjacent district as well as to the inhabitants of its own district, and where it is in the opinion of such local authority reasonable that the local authority of such adjacent district should contribute to the cost of constructing or establishing the said bridge, ferry, or ford, the provisions of the said section shall have effect :

And whereas by deed dated the twentieth day of November, one thousand nine hundred and eight, made between the Mayor, Councillors, and Citizens of the City of Wellington (hereinafter termed “the Wellington City”), of the first part, the Mayor, Councillors, and Burgesses of the Borough of Petone (hereinafter termed “the Petone Borough”), of the second part, the Mayor, Councillors, and Burgesses of the Borough of Lower Hutt (hereinafter termed “the Lower Hutt Borough”), of the third part, the Mayor, Councillors, and Burgesses of the Borough of Eastbourne (hereinafter termed “the Eastbourne Borough”), of the fourth part, the Chairman, Councillors, and Inhabitants of the Hutt County (hereinafter termed “the Hutt County”), of the fifth part, and Philip Joseph Nathan, of the sixth part, it was agreed that the Wellington City Council should construct combined pipe and traffic bridges over the Hutt and Waiwetu Rivers, the estimated cost of which work was set out as thirteen thousand four hundred and fifty pounds, and that the parties to the deed should contribute to the cost :

And whereas prior to the execution of the said deed the Minister of Public Works, on the request of the parties to the said deed, on behalf of the King and the Government of New Zealand, agreed to contribute to the cost of the said bridges the sum of one thousand pounds :

And whereas by the said deed it was agreed that the parties thereto of the third, fourth, fifth, and sixth parts should contribute to the cost of the said bridges as follows : Lower Hutt Borough, three hundred and twenty-five pounds ; Eastbourne Borough, one hundred and twelve pounds ten shillings ; Hutt County, one hundred and sixty-two pounds ten shillings ; Philip Joseph Nathan, one thousand six hundred pounds :

And whereas by the said deed it was further agreed that the balance of the cost of the said bridges should be paid by the Wellington City and the Petone Borough as follows : Wellington City, seven thousand six hundred and sixty-two pounds ; Petone Borough, two thousand five hundred and eighty-eight pounds—if the said bridges should be constructed for thirteen thousand four hundred and fifty pounds, and that if any further sum should be required for the completion of the said works such sum should be payable by the Wellington City and the Petone Borough in such proportions as should be agreed upon :

And whereas the said Philip Joseph Nathan covenanted with the other parties to the said deed, and each of them, that the land required for the connection of the Waiwetu Bridge with the Lowry Bay Road would be dedicated as a public street, and that such street would be formed in manner provided in the said deed :

And whereas the Petone Borough covenanted that it would, with all due diligence, after being requested by the City Engineer so to do, proceed to construct the extension of Jackson Street, connecting the present terminus thereof with the new bridge over the Hutt River, and to finish such construction within nine months of such date ; and such work includes the cost of formation of the western approach to the Hutt Bridge :

And whereas the Lower Hutt Borough and the Hutt County have paid the amounts payable by them, and the Eastbourne Borough has paid the sum of fifty-six pounds five shillings :

And whereas Wellington City has, in consideration of an agreement by the Hutt Park Committee to consent to the construction of a street sixty-six feet wide through the Hutt Park from Randwick Road to the new Waiwetu Bridge, and from the said bridge to the eastern boundary of the Hutt Park, agreed with the Hutt Park Committee, inter alia, to construct the new Waiwetu Bridge at a height above the river sufficient to permit of the passage under the said bridge of launches and pleasure-boats instead of at a lower level as originally proposed, and the estimated cost of the said bridge and approaches as originally projected was seven hundred and fifty pounds, and such cost will be increased by reason of the said alteration of levels, and Petone Borough object to pay any part of such increased cost, and Wellington City has agreed to pay the excess amount over and above seven hundred and fifty pounds which the said Waiwetu Bridge and approaches may cost :

And whereas the Wellington City Council, the local authority proposing to construct the works, has given notice and taken the steps required by the said Act, and has made application to the Governor to authorize the construction of the bridges and approaches described in the Schedule hereto, and hereinafter referred to as “the said works,” and to apportion the cost of the said works between the said local authorities in accordance with the provisions of the said deed :

And whereas no objection to the proposal has been sent to the Governor by any of the parties to the said deed :

And whereas the Governor is of opinion that the said works should be done, and it is expedient to make provision under the said Act for the purposes and in the manner hereinafter set forth :

Now, therefore, I, John Poynder Dickson-Poynder, Baron Islington, the Governor of the Dominion of New Zealand, in pursuance and exercise of the powers vested in me by the said Act, and of all other powers and authorities in anywise enabling me in this behalf, do hereby authorize the Council of the City of Wellington to execute the said works ; and I do hereby declare that the cost of the western approach to the new bridge over the Hutt River shall be borne by the Petone Borough Council, and that the cost of the balance of the said works hereby authorized (less such contribution thereof as may be made thereto, if any, by the Government of New Zealand and by the said Philip Joseph Nathan ; and less the cost of any part of the said works which by the said deed the said Philip Joseph Nathan has covenanted shall be executed) shall be borne by the Wellington City Council, the Lower Hutt Borough Council, the Petone Borough Council, and the Hutt County Council, being the respective contributing parties to the said works, as follows : Lower Hutt Borough Council, three hundred and twenty-five pounds ; Eastbourne Borough Council, one hundred and twelve pounds ten shillings ; Hutt County Council, one hundred and sixty-two pounds ten shillings ; Petone Borough Council, two thousand five hundred and eighty-eight pounds ; Wellington City Council, seven thousand six hundred and sixty-two pounds. And such further moneys as will be required for the carrying-out of the said works shall be paid by the Wellington City Council and the Petone Borough Council in equal shares : Provided always that the excess cost of the Waiwetu Bridge and approaches over and above the sum of seven hundred and fifty pounds shall not be contributed to by Petone Borough, and shall be excluded in computing the half share of such further moneys to be paid by Petone Borough.

And I do hereby also further direct that any contribution hereby required to be made as aforesaid by the Eastbourne Borough Council not already paid shall be paid out of the ordinary funds of the borough, and shall, subject to the provisions contained in the said deed of the twentieth day of November, one thousand nine hundred and eight, be payable in manner provided by the said Act and its amendments, and that the sum of two thousand five hundred and eighty-eight pounds and other sums payable by the Petone Borough shall, subject to the provisions of the said deed of the twentieth day of November, one thousand nine hundred and eight, be recoverable and payable in manner provided by the said Act and its amendments, and that all such payments shall be made from time to time to the City Treasurer, Wellington, for and on account of such boroughs.

—

SCHEDULE.

HUTT BRIDGE.

That bridge over the Hutt River, situated in the Wellington Land District, extending from the stop-bank on Gear Island to the stop-bank on the eastern side of the Hutt River, together with the approaches thereto. The western approach commences at a point 19 chains distant, more or less, from the present terminus of Jackson Street, and extends for a distance of 16·2 chains, more or less, in a south-easterly direction to the said bridge. The eastern approach extends from the said stop-bank on the eastern side of the Hutt River, along a public street, and partly through private land for a distance of 5½ chains, more or less. The said bridge and approaches are more particularly delineated on the plans marked P.W.D. 25374, 29627, 29628, and 31586, and deposited in the office of the Minister of Public Works, at Wellington, in the Wellington Provincial District.