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1 1955

LOCAL GOVERNMENT PROVISIONAL ORDERS CONFIRMATION ACT, 1955

THIRD SCHEDULE.

County Borough of Waterford (Extension of Boundary) Provisional Order, 1955.

Section 3 .

The Minister for Local Government in exercise of the powers vested in him by section 36 of the Waterford City Management Act, 1939 (No. 25 of 1939) and section 5 of the Rates on Agricultural Land (Relief) Act, 1939 (No. 23 of 1939), hereby orders as follows:—

Title.

1. This Order may be cited as the County Borough of Waterford (Extension of Boundary) Provisional Order, 1955.

Commencement.

2. This Order shall come into force upon the 1st day of April, 1955, or in the event of the Act confirming this Order not becoming law on or before the said day, on such day as the Minister shall, by order, appoint.

Definitions.

3. (1) In this Order—

the Corporation” means the Mayor, Aldermen and Burgesses of Waterford;

the County Council” includes both the Council of the County of Waterford and the Council of the County of Kilkenny but shall be construed as referring to those councils distributively or respectively and not collectively;

the City” means the County Borough of Waterford;

the County” includes both the County of Waterford and the County of Kilkenny but shall be construed as referring to those counties distributively or respectively and not collectively;

the Minister” means the Minister for Local Government;

the added area” means the areas described in the Schedule hereunto annexed;

the existing boundary” means the boundary of the City as existing immediately before the commencement of this Order;

the commencement of this Order” means the day on which this Order comes into force.

(2) In the Schedule to this Order—

(a) a reference to the acreage of a field shall be construed by reference, as to Part I of the Schedule, to the 1901 revision of the Ordnance Survey 25.344 inches to the mile plan XLVI.3 of County Kilkenny and, as to Part II of the Schedule, to the 1950 and 1951 revisions of the Ordnance Survey 25.344 inches to the mile plans IX. 11 and 15 and XVII.4 of County Waterford,

(b) a reference to a line drawn along any fence, road or wall shall, save where the context otherwise requires, be construed as a reference to a line drawn along the centre of the fence, road or wall.

Extension of city boundary.

4. (1) On the commencement of this Order—

(a) the area described in Part I of the Schedule hereunto annexed shall be detached from the County of Kilkenny and from the jurisdiction and powers of the Council of the County of Kilkenny, and

(b) the area described in Part II of the said Schedule shall be detached from the County of Waterford and from the jurisdiction and powers of the Council of the County of Waterford

and each of the said areas shall be added to the City and thenceforward the said areas shall be included in and form part of the City for all purposes and the boundary of the City shall be extended accordingly.

(2) Any building through which or through any part of which the boundary of the City as extended by this Order shall pass shall be deemed to be within such boundary.

Preparation of Official maps.

5. (1) As soon as may be after the commencement of this Order the Commissioner of Valuation shall prepare in quadruplicate a map drawn to such convenient scale and in such convenient number of separate sheets as shall be approved by the Minister showing in manner approved by the Minister the added area and the City, and shall seal each of such maps and shall deposit one of such maps in the principal office of the said Commissioner, the offices of the Corporation, and the offices of the County Council respectively.

(2) The said maps when so deposited in the said offices shall be retained in such offices, and such maps or true copies thereof shall be open for inspection free of charge in such offices by any person at any time at which such offices respectively are open for the transaction of public business, and it shall be lawful for the said Commissioner, the Corporation and the County Council respectively to prepare and supply to any person requesting the same a true copy of the map so deposited with him or them or any particular part thereof and to charge for such copy such sum as the Minister, with the sanction of the Minister for Finance, shall direct.

(3) It shall be the duty of the said Commissioner, and of the Corporation, and of the County Council respectively, whenever required so to do by any Court of Justice, to prepare and produce to such Court a true copy of the map or any specified part of the map deposited with him or them under this article and to verify such copy to such Court by the oath of one of his or their officers, and, upon any such copy being so produced and verified to such Court, such Court shall receive such copy in evidence and thereupon such copy shall be conclusive evidence of the boundary (so far as the same is shown on such copy) of the added area, notwithstanding any discrepancy between such copy and the description contained in the Schedule to this Order or any ambiguity or uncertainty in such description or in the application thereof.

Financial adjustments between County Councils and Corporation.

6. (1) The County Council and the Corporation may, from time to time as occasion requires, make by mutual agreement an equitable adjustment (in this article referred to as an agreed adjustment) in regard to any matter or thing requiring to be adjusted between the County Council and the Corporation in consequence of the inclusion of the added area in the City and not otherwise provided for by this Order and in particular may make such agreed adjustment in regard to property, whether real or personal (including choses-in-action), vested in or belonging to or held in trust for the County Council and wholly or partly situate in or relating to the added area or any particular portion thereof and in regard to debts and liabilities (including mortgage debts, charges created by statute, accruing and prospective liabilities and unliquidated liabilities arising from torts or breaches of contract) due and unpaid or incurred and undischarged by the County Council and relating wholly or in part to the added area or any particular portion thereof.

(2) An agreed adjustment in relation to property may provide for the retention of such property by the County Council or for the transfer of such property to the Corporation or for the joint user of such property by the County Council and the Corporation and may also provide for the payment of money, in one or more than one instalment, by or to the County Council to or by the Corporation on account of the retention, transfer, or joint user of such property.

(3) An agreed adjustment in relation to any debt or other liability may provide for the whole of such debt or liability being borne by the County Council or for the whole of such debt or liability being borne by the Corporation or (except in the case of mortgage debts) for the apportionment of the liability for such debt or liability between the County Council and the Corporation and may also provide for the payment of money, in one or more than one instalment, to or by the County Council by or to the Corporation in respect of such debt or liability.

(4) An agreed adjustment may provide for the payment by the Corporation to the County Council in one or more than one instalment or by way of annuity of a sum in respect of the increase (if any) of burden which will properly be thrown on the ratepayers of the County in meeting the cost incurred by the County Council in the execution of any of their powers and duties as a consequence of the extension of the boundary of the City by this Order, but in the fixing of the amount of any such sum and the method of payment thereof the following provisions shall be observed:

(a) regard shall be had to the difference between the burden on the ratepayers of the County which will properly be incurred by the County Council in meeting the cost of executing any of their powers and duties and the burden on such ratepayers which would properly have been incurred if the boundary of the City had not been extended by this Order;

(b) regard shall also be had to the length of time during which such increase of burden may be expected to continue;

(c) if such sum is made payable in one instalment the amount thereof shall not exceed ten times the average annual amount of such increase of burden;

(d) if such sum is made payable in two or more than two instalments or by way of annuity, the capitalised value of such instalments or annuity shall not exceed ten times the average annual amount of such increase of burden.

(5) Whenever the County Council and the Corporation fail to agree upon an equitable adjustment of any matter or thing which could be the subject of an agreed adjustment under this article, the Minister shall, upon the request of either the County Council or the Corporation, make an equitable adjustment (in this article referred to as a compulsory adjustment) of such matter or thing and may by such adjustment make any provision in relation to such matter or thing which could under this article have been made by an agreed adjustment.

(6) Every agreed adjustment and every compulsory adjustment shall have affect according to the terms thereof and shall be final and conclusive and shall be enforced by the Corporation or the County Council respectively against the other of them accordingly.

Resolutions etc relating to the added area.

7. Every resolution passed, order made, and notice served by the County Council before the commencement of this Order in relation to the added area or any part thereof or anything done or to be done therein and the operation, effect, or term of which had not ceased or expired before the said commencement shall, on and after the said commencement and so far as it is not inconsistent with this Order, continue in force and have effect in so far as it relates to the added area or any part thereof or anything done or to be done therein as if it were a resolution passed, order made, or notice served by the Corporation on the date on which the same was actually passed, made or served by the County Council, and as if the added area were on the said date already included in the City.

Jurors books in the city and county.

8. The following provision shall have effect in the City and the County in relation to the preparation of jurors books, the preparation of panels of jurors, and the summoning of jurors, and in relation to the panels from which jurors are to be drawn for the trial of issues by a Court or a Judge sitting in the City or the County:—

(a) until the jurors book in force in the City or the jurors book in force in the County (including the added area)on the commencement of this Order becomes exhausted, the law in force immediately before the commencement of this Order shall continue in force and be observed as if this Order had not become operative, and

(b) when one of the said jurors books becomes exhausted after the commencement of this Order, both of the other said jurors books shall be deemed to have become exhausted and new jurors books shall forthwith come into force in the City and in the County.

Special provision for the purposes of the Valuation Acts.

9. For the purposes of the Valuation Acts the revised valuation list received by the County Council from the Commissioner of Valuation last before the commencement of this Order shall, in so far as it relates to the added area, be deemed to have been sent to the Corporation.

Adjustment of agricultural grant.

10. (1) The portion of the agricultural grant payable to the Corporation under section 50 of the Local Government (Ireland) Act, 1898, shall be £139 instead of the sum mentioned in the said section 50.

(2) The sum stated in the second column of the Schedule to the Rates on Agricultural Land (Relief) Act, 1939 (No. 23 of 1939) (as reduced by order of the Minister for Local Government and Public Health dated the 8th day of March, 1946) as being payable to the Council of the County of Waterford shall for the purposes of the application of the said Schedule to the agricultural grant be reduced by the sum of £29 to £52,734.

(3) The sum of £71,579 stated in the second column of the Schedule to the Rates on Agricultural Land (Relief) Act, 1939 (No. 23 of 1939) as being payable to the Council of the County of Kilkenny shall for the purposes of the application of the said Schedule to the agricultural grant be reduced by the sum of £21 to £71,558.

Area of jurisdiction of coroner of East County Waterford, and Coroner of County Kilkenny.

11. (1) So long as the person who at the commencement of this Order holds the office of coroner for East County Waterford continues to hold that office, his area of jurisdiction shall continue as if this Order had not come into force but, upon his ceasing by death or otherwise to hold that office, so much of that area as is included in the City by this Order shall be detached from the area of jurisdiction of the coroner for East County Waterford and be added to and thenceforward included in the area of jurisdiction of the coroner for the City.

(2) So long as the person who at the commencement of this Order holds the office of coroner for County Kilkenny continues to hold that office, his area of jurisdiction shall continue as if this Order had not come into force but, upon his ceasing by death or otherwise to hold that office, so much of that area as is included in the City by this Order shall be detached from the area of jurisdiction of the coroner for County Kilkenny and be added to and thenceforward included in the area of jurisdiction of the coroner for the City.

Saving from disqualification of members of County Council in certain cases.

12. A member of the County Council who ceases to be a local government elector in the County in consequence of the inclusion of the added area in the City shall not, by reason only of such cesser, be disqualified from continuing to hold office as a member of the Council until the ordinary day of retirement of the member of the County Council after the election of the members of the County Council held next after the commencement of this Order.

Provisions relating to the register of electors.

13. In the register of electors for the County which came into force on the 15th day of April next before the commencement of this Order, the added area shall be shown separately in such manner as shall be directed by the Minister.

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GIVEN under the Official Seal of the Minister for Local Government this Thirtyfirst day of January, One Thousand Nine Hundred and Fifty-five.

PATRICK O'DONNELL,

Minister for Local Government.

SCHEDULE REFERRED TO IN THE FOREGOING ORDER.

Description of the Parts of the County of Kilkenny and County of Waterford Added to the City.

Part I.

That part of the County of Kilkenny situated between the existing boundary and a line drawn as follows:—

Starting at the point where the existing boundary is intersected by the southern fence of the 5·355 acres field rated in the name of Colonel Edward Garraway in Rockshire Townland, thence in a north-easterly direction along the said fence to its junction with the eastern fence of the said field, thence in northerly, north-westerly, northerly and north-easterly directions along the southern wall and fence of the lands rated in the name of Colonel Edward Garraway in the said townland to the junction of the said fence with the eastern boundary of Rockshire Townland, thence in south-easterly and south-westerly directions along the said townland boundary to its intersection with the imaginary north-westerly projection of the centre line of the north-eastern fence of the right-of-way leading south east from the north-easterly continuation of Ross Road between the holdings owned by Clover Meats, Limited and the Diocesan Trustees in Abbeyland Townland to the hereditament rated in the name of the Corporation in the last-mentioned townland, thence in a south-easterly direction along the said projection and in south-easterly, south-westerly and north-westerly directions along the last-mentioned fence and along the fences which form the north-eastern, south-eastern and south-western boundaries of the last-mentioned hereditament to the junction of the south-western fence with the southern wall of the 1·270 acres field rated in the name of Clover Meats, Limited in the last-mentioned town-land, thence in south-westerly and north-westerly directions respectively along the southern and western walls of the last-mentioned field to the junction of the western wall with the southern wall of the ·959 acre graveyard enclosure surrounding the Church of the Sacred Heart in Abbeyland Townland, thence in a south-westerly direction along the last-mentioned wall to its junction with the existing boundary.

Part II

1. That part of the County of Waterford situated between the existing boundary and a line drawn as follows:—

Starting at the point where the existing boundary is intersected by the centre line of the eastern wall of Ballytruckle Road, thence in a southerly direction along the said wall and along the western fence of the hereditament rated in the name of Waterford Glass, Limited in Ballytruckle Townland to the junction of the said fence with the northern fence of the hereditament rated in the name of Sports Promotions in the said townland, thence in easterly and southerly directions along the northern and eastern fences of the last-mentioned hereditament to the junction of the eastern fence with the northern fence of the hereditament rated in the name of Joseph Lionel Richardson in the said townland, thence in an easterly direction along the centre line of the last-mentioned fence and along its imaginary easterly projection to the centre line of the southerly continuation of Lower Grange Road, thence in a south-westerly direction along the last-mentioned road to meet the western boundary of Williams-town Townland, thence in a southerly direction along the said boundary to its intersection with the imaginary south-westerly projection of the centre line of the fence which forms the southern boundary of the hereditament rated in the name of the Corporation in the last-mentioned townland, thence in a north-easterly direction along the said imaginary projection and in north-easterly, north-westerly, easterly, northerly and easterly directions along the fences which form the southern boundary of the last-mentioned hereditament to the south-eastern corner of the 1·083 acres field in the said last-mentioned townland, thence in a northerly direction along the eastern fence of the last-mentioned field to its junction with the northern boundary of Williamstown Townland, thence in a westerly direction along the said townland boundary to its junction with the western fence of the 4·242 acres field in Grange Lower Townland, thence in a north-westerly direction along the western fences of the last-mentioned field and of the 3·632 acres field and along the western wall of the 3·882 acres field and along the western fence of the ·238 acre field in the said last-mentioned townland and along the imaginary north-westerly projection of the centre line of the said western fence to its intersection with the existing boundary.

2. That part of the County of Waterford situated between the existing boundary and a line drawn as follows:—

Starting at the point where the existing boundary is intersected by the imaginary easterly projection of the northern fence of the 2·869 acres field rated in the name of the Corporation in Rathfadden Townland, thence in a westerly direction along the said projection and along the northern fence of the said field, thence in westerly, south-easterly, south-westerly and south-easterly directions along the northern and western fences of the field rated in the name of the Corporation and shown on Ordnance Survey 25·344[html] to the mile plans 11 and 15 of sheet 9 of County Waterford as having an area of 11·252 acres in the Townland of Rathfadden and an area of 5·278 acres in the Townland of Cleaboy and along the imaginary south-easterly projection of the said western fence to its intersection with the southern boundary of the last-mentioned townland, thence in a north-easterly direction along the said townland boundary to its junction with the existing boundary.