Private Works. For the purpose of this clause, private works shall be defined as the carrying out of tasks for a body other than Council, won in open marketplace tendering and not part of Council's core functions or programmed works and not including utility services, crossovers and reinstatements unless for another local government authority. Hourly rates negotiated to take into account the competitiveness of the market place for the supply of the services.
Private Works. The landowners each agree and acknowledge that:- each landowner is responsible for constructing and installing the private works relating to their respective lands and to ensure that they are properly maintained and kept free of obstructions by such reasonable and usual methods as the Committee may determine; those private works must, if required by the Committee, include a pump, tank or other infrastructure as the Committee may determine; and each landowner must construct or install the private works (if any) set out opposite their name in column 4 of the First Schedule. The landowners agree and acknowledge that by executing this Agreement, they have agreed with the Corporation that the point of supply of water to their respective lands is at the parent meter and that the delivery of water from parent meter to their respective lands lies with the landowners and the Committee. Each landowner covenants with the Committee that the landowner's land, where it is situated within an Irrigation District, is a serviced property. Each landowner acknowledges that: the Corporation may not deliver any water to the parent meter in response to an order by a landowner, unless in the opinion of the Corporation, the Committee has sufficient allocation in its Allocation Bank Account to cover any actual or anticipated conveyance loss; and each landowner will be responsible for the operation of the works, subject to any directions of the Committee, to deliver water from the parent meter to the landowner's specified child meter. If a landowner in the course of delivering water through in or along the works causes damage to any part of the works, (fair wear and tear excepted), that landowner shall be liable to pay the cost of any repairs necessary to rectify such damage unless otherwise exempted by a general meeting of landowners.
Private Works. The landowners each agree and acknowledge that:- each landowner shall be responsible for constructing and installing the private works relating to their respective lands and that they are properly maintained and kept free of obstructions by such reasonable and usual methods as the Committee may determine; those private works must, if required by the Committee, include a pump, tank or other infrastructure as the Committee may determine; each landowner must construct or install the private works (if any) set out opposite their name in column 5 of the First Schedule; and that future private works may be required to deliver water within the boundaries of their land and will not call upon the Committee to contribute to the cost of any future private works that do not benefit all of the landowners.
Private Works. Xx Xxxxx speaks of a “range of services to local residents and other organisations” being provided by council upon request, but there is no detail of the nature of those services. It is apparent from the examples of such works that they include activities which have their source in the regulatory powers of the council, such as the mowing and clearing of allotments and the clearing of rubbish and debris for which a regulatory fee may be charged pursuant to s 1071A of the LGA. 135 The revenue policy of the Xxxxxxxxx Shire Council for the 2005-2006 year, which is contained in the annual report for that year, makes it plain that the council may decide to subsidise the cost of providing water base access charges, television and radio re- broadcasting services, cleansing and waste management special charges, because of the undue financial hardship that might result from some or all of the factors of high cost of service provision, poor economies of scale, expected availability of grants at the time infrastructure requires replacement, and difficulties in identifying “users” of a service. 136 The borrowing policy, also set out in the Annual Report, reflects the position of the council as the provider of governmental services. The borrowing strategies include the utilisation of services of the Queensland Treasury Corporation for managing existing debt and financing any new borrowing, so as to minimise the ongoing cost of debt. 137 The Annual Report of the Xxxxxxxxx Shire Council for the year 2005-2006 contains a “Note 3b: Analysis of Results by Function Components”, illustrating the components of the council’s activities. Note 3a in the Annual Report is “Analysis of Results by Function”, and shows a detailed account of the financial operations of the functional components of the Xxxxxxxxx Shire Council. 138 Schedule A to these reasons is Note 3b to the 2005-2006 Annual Report of the Xxxxxxxxx Shire Council; Schedule B to these reasons is Note 3a. 139 The Xxxxxxxxx Shire Council submitted in its written submissions that a trading corporation: [I]nvolves the buying and selling for the purposes of receiving revenue – Xxxxxxx at page 235 (Xxxxx X) and is a broad concept. Quickenden v X’Xxxxxx (2001) 109 FCR 243 at 261. A corporation may trade even though it enjoys a monopoly. St George County Council’s case at 539 or is not motivated by the decision to make a profit. Ku-ring-gai Co-operative Building Society (No. 12) Ltd (1978) 36 FLR 134 at 167. 140 The written submi...
