CLAIM FOR RATES

Wanganui Chronicle, Volume 77, Issue 256, 29 October 1934, Page 3

CLAIM FOR RATES

A TAIHAPE CASE. (Own Correspondent), At the monthly sitting of the Taihape Magistrate’s Court on Thursday, the Taihape Borough Council claimed £l2 17s lOd from the Public Trustee as the executors of the will of the late Kate Donovan. The claim was in respect to special water rates levied on the property previously occupied by the late Kate Dovovan. Mr. W’. H. Maclean appeared for plain-tiffs and Mr. R. C. Ongley for defendant. Outlining the facts of the case, Mr. Ongley said that in 1910 the Taihape Borough Council purchased a piece of land from Mr. Joseph McCracken for a reservoir site and agreed to supply him with free water at all times. By the terms of the agreement the property had to be exempt from water rates. From 1910 to 1922 separate water rates were levied in the borough, but no demand was ever made against McCracken. In 1922 the special water rate which was now the subject of discussion was first levied, and the late Mr. Timothy O’Dea, who was then the occupier of the property, paid this rate. The late Mrs. Donovan took over the property from the late Mr. O’Dea in 1930 and received a rate demand notice to pay a special water rate. Her husband, Mr. John Donovan, interviewed the town clerk (Mr. E. J. Price), and explained the terms of the agreement made in 1910, and pointed out that the property' was supposed to be free from water rates. Mr. Price promised to obtain legal advice on the matter and advised Mr. Donovan to pay the rate in the meantime. Mr. Donovan paid the water rates for 1930-31 under protest, but had not paid any subsequent water rates. “We submit that by virtue of our agreement we are exempt from payment of water rates,”

concluded Mr, Ongley, counsel for the defence, who added that in any case the 1931-32 rates were not recoverable. John Donovan stated in evidence that his wife first owned the property in 1919 and did not pay any water rate. In 1920 she sold out to Mr. O’Dea, but became the owner of the property again in 1930. The rate demand notice sent out by the Borough Council in. that year included a special water rate. Witness interviewed the town clerk (Mr. Price), and explained that the property was free of water rates. After perusing the agreement Mr. Price advised witness to pay the rate meantime and he (Mr. i-riue) would obtain legal advice. He paid the first water race under protest, and later learned chat legal opinion was against him and chat he was liable for the special water rate levied when the bpecial Water Gravitation Loan was raised in 1922. He had not paid any subsequent

water rates as he still considered that his wife’s property was exempt from water rates under the terms of the agrement made in 1910 betwen Mr. Me Uiacken and the Borough Council. In presenting the case for the Taihape Borough Council, Mr. W. IL Maclean stated that there was a distinction between special rates and . 'parate rates. Special rates were struck to provide interest and sinking fund on special Joans. The .1922 Water Gravitation Loan was a special loan struck over a special rating area and was chargeable against the rateable value of all lands in the special rating area. The special water rate that was the subject of dispute was a rate pledged as security for repay aent of a loan and not for water supplied. No separate water rate had been levied against the property in question ami the only claim made by the Borough Council against the property was in respect of the special water rate already mentioned. The council had no authority to exempt, anybody from payment of any special rate except by statute. It would be ultra vires "’or the council to remit the rate in question. The magistrate remarked that he agreed with the views expressed by Mr. Maclean. A separate rate for water had never been levied against the late Mrs. Donovan’s property. The only rale levied was a. special rate that was not for water, but for repayment of a special loan. Plaintiffs were not entitled to recover the 1931-32 rates and therefore no’ the ])eJia!ty. but the other rates were legally due. Judgment was given for the Taihape Borough Council for £8 9s 3d and costs £2 6s. g

received it has been decided not to purchase any of the old mill cottages at Hihitahi, as a price was received by the vendors higher than the council was prepared to pay. The Ruanui camp of papburners is also short of men and the work is suffering delay. It may be necessary to close the work temporarily while wool is being carted out. The men would then be put in one of the Te Kapua camps. As a result of representations made with Mr. A. Stuart M.P to the hon. the Minister for Public Works, a subsidy of £2 for £1 has been made available for Jacobsen’s Bridge over Hautapu River. Main Highway Capital Works.—Poor progress has been made with TurakinaBulls reconstruction at Glasgows. The formation is now complete, and the final course of metalling is being laid. Proposals have been prepared for first and second coat surfacing on 114 miles between Turakina and Bulls. As soon as the proposals have been approved by the Main Highways Board, and authorI ity received, tenders will be invited for the work. A test is being made with cut-back bitumen on places on Grant’s Flat and by iDalvey Hilll where the surfacing already laid has failed Bulls Bridge.—A comprehensive inspection has been made of this structure by boring and sounding the timber. The decay of the timber continues, and arrangements are being made to renew one major strut, one vertical strut and six transomes. Generally the pier? arc fairly sound, but two pile caps and several braces must be renewed while repairs are in hand. From a purely economic view. He did not consider the actual cost of repairs yet amounts to as much as the interest etc. of a new structure. For some years he had watched the river very carefully and endeavoured to stabilise the banks, then confine the normal river to a straight course within 1000 feet of riverbed instead of 1750 feet as at present These works so far have been effective, and as considerable preliminaries have to be arranged before the new bridge is built, he thought it was time the proposition was again considered by the local bodies concerned, and the Main Highways Board. As the reconstruction work in hand within the Bulls town district is linked up with the actual position of the new bridge, he had sitopped this work some 14 chains from the old structure. The approaches to either the lower site which was formerly laid out or the site above the present bridge suggested by the Main Highways Board would therefore commence from the present end of the Bulls town work. So that both sites may be further considered at the right

time, a centre line has been laid down above the present bridge to eliminate the sharp curves in the old approaches and converge on the roadway at the eastern side. A plan of the locality showing all the sites is under preparation.

The whole of the Main Highway Board will be passing through Bulls to Marton on Friday November 23. and I suggest that the council should then meet them at the bridge prior to considering the matter when the board are to meet the council on Friday evening in Marton. The Highways Board intend going on to Taihape next day inspecting points of interest en route

Crushing Plants Machinery etc. — Kakariki: A double shift has been worked constantly during the month supplying ballast to the Railway Department and chip requirements. The Main Trunk section will be coming in for ballast on and after November 12. The shaft of the Fraser-Chalmers crusher failing, a new one has been fitted. Freshes have kept the river pond well replenished with good shingle. The works have been inspected by the inspector of machinery and passed. The time is approaching when a new mast will be required so 1 propose to investigate and prepare for the emergency. Utiku: This plant has run continuously during the month, most of the output going to Taihape Borough Council. One case

power grader has been sold to W. Stcv-! enson and Sons. The new power |

grader and truck are expected to be delivered early in November.