S.I. No. 88/1988 - Urban District of Athy (Alteration of Boundary) Order, 1988.

The Minister for the Environment in exercise of the powers conferred on him by article 26 of the Local Government (Application of Enactments) Order, 1898 (as applied by section 10 of the Local Authorities (Miscellaneous Provisions) Act, 1936 (No. 55 of 1936)) and by subsection (3) of section 42 of the Local Government (Ireland) Act, 1898 hereby orders as follows:—

1. This Order may be cited as the Urban District of Athy (Alteration of Boundary) Order, 1988.

2. The Interpretation Act, 1937 (No. 38 of 1937) shall apply to this Order.

3. In this Order, "the Boundary Order" means the order made by the Council of the County of Kildare on the 6th day of July, 1987, under subsection (2) of section 10 of the Local Authorities (Miscellaneous Provisions) Act, 1936 , altering the boundary of the Urban District of Athy.

4. The Boundary Order shall be and is hereby modified in the manner and to the extent necessary to bring it into conformity with the provisions set forth in the Schedule to this Order.

5. The Boundary Order as so modified is hereby confirmed.

SCHEDULE

County of Kildare

ORDER (as modified by this Order) OF THE COUNCIL OF THE COUNTY OF KILDARE ALTERING THE BOUNDARY OF THE URBAN DISTRICT OF ATHY.

WHEREAS The Council of the Urban District of Athy have applied under section 10 of the Local Authorities (Miscellaneous Provisions) Act, 1936 to the Council of the County of Kildare (hereinafter referred to as "the County Council") for an order altering the boundary of the Urban District of Athy (hereinafter referred to as the "Urban District") so as to include therein the portion of the County Health District of Kildare specified in the Schedule hereunto annexed:

AND WHEREAS the Urban District is an urban district (other than a borough) situate in the County of Kildare:

AND WHEREAS the County Council being satisfied that a prima facie case existed for the alteration of the boundary of the Urban District caused an inquiry to be made in the locality:

AND WHEREAS the County Council have complied with the provisions of the Urban Districts (Alteration of Boundaries) Regulations 1937 (S.R. and O. 1937 No. 221):

NOW THEREFORE the County Council in exercise of the powers vested in them by subsection (2) of section 10 of the Local Authorities (Miscellaneous Provisions) Act, 1936 , hereby order as follows:—

1. (1) This Order shall come into operation on the first day of July, 1988.

(2) The Interpretation Act, 1937 (No. 38 of 1937) shall apply to this Order.

2. On the coming into operation of this Order, the area described in the Schedule hereunto annexed (hereinafter referred to as "the transferred area") shall be detached from the County Health District of Kildare and shall be added to the Urban District, and thenceforward the transferred area shall cease to form part of the County Health District of Kildare and shall be included in and form part of the Urban District for all purposes and the boundary of the Urban District shall be altered accordingly.

3. Every person holding office on the coming into operation of this Order as urban district councillor for the local electoral area of Athy Urban shall be deemed to have been elected for the local electoral area of Athy Urban as extended by this Order.

4. (1) The provisions of any public general act adopted by the Council of the Urban District at the coming into operation of this Order and of any statutory instrument applying to the Urban District and then in force shall apply to the Urban District as extended by this Order and references in any such instrument to the area comprised in the Urban District at the coming into operation of this order shall by construed as references to the Urban District as extended by this Order.

(2) All bye-laws and regulations of the County Council and of the Council of the Urban District that are in force in the Urban District at the coming into operation of this Order shall apply to the Urban District as extended by this Order.

5. (1) The County Council and the Council of the Urban District may by agreement make any adjustment of property, rights and liabilities which may be necessary in consequence of this Order.

(2) In default of agreement, any such adjustment of property, rights and liabilities shall be made by such person as shall be appointed for the purpose by the Minister for the Environment.

6. In the Schedule of this Order a reference to the county boundary shall be construed as a reference to the boundary of the County Health District of Kildare and a reference to the existing boundary shall be construed as a reference to the boundary of the Urban District as existing immediately before the coming into operation of this Order.

7. (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 he shall think fit, showing the transferred area and the altered boundary of the County Health District and of the Urban District and when such maps have been prepared by the said Commissioner he shall seal each such map and shall, as soon as may be thereafter, deposit them as follows, namely, one of them in the principal office of the said Commissioner, another in the offices of the County Council, another in the offices of the Council of the Urban District and another in the offices of the Minister.

(2) Every map deposited pursuant to subparagraph (1) of this paragraph in the principal office of the Commissioner of Valuation or in the offices of the County Council or of the Council of the Urban District shall be retained in the office or offices in which it is so deposited, and each such map, or true copies thereof, shall be open for inspection free of charge at the office or offices in which it is so deposited by any person at any time at which such office or offices is or are open for the transaction of public business, and it shall be lawful for the said Commissioner, the County Council or the Council of the Urban District 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 he, with the consent of the Minister for Finance, or they, may fix.

(3) It shall be the duty of the Commissioner of Valuation, the County Council and the Council of the Urban District respectively, whenever required so to do by any Court of Justice, to prepare and produce to such Court a true copy of the map deposited with him or them under this paragraph or any specified part thereof 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, unless the contrary is shown, be sufficient evidence of the transferred area and the altered boundary of the County Health District and the Urban District (in so far as the same are shown on such copy) 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.

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

SCHEDULE

The transferred area shall be that area comprised between the existing boundary and a line drawn as follows:—

Starting at the intersection of the County Boundary by the imaginary southerly projection of the western boundary of the .550 acre field in Bennettsbridge townland; thence in a northerly direction along the said imaginary projection and along the said boundary and along the respective western boundaries of the .670 acre,. .560 acre, .580 acre, .620 acre, .570 acre, .660 acre, .620 acre and the 1.020 acre fields in the same townland and along the imaginary northerly projection of the last-mentioned boundary to its intersection by the centre line of the 1.000 acre parcel in the same townland; thence in a westerly direction along the said centre line to its intersection by the imaginary south westerly projection of the western boundary of the 4.190 acre field in the same townland; thence initially in a north easterly direction along the said imaginary projection and along the said boundary to its junction with the western boundary of the 11.230 acre field in the same townland; thence in a north westerly direction along the said boundary and along its imaginary north westerly projection to its intersection by the western boundary of the 4.460 acre field in the same townland; thence in a north westerly direction along the said boundary and along its imaginary north westerly projection to its intersection by the western boundary of Woodstock South townland; thence initially in a north westerly direction along the said boundary to its junction with the northern boundary of Coolroe townland; thence in a north westerly direction along the said boundary to its junction with the western boundary of the 3.380 acre field in the same townland; thence in a north easterly direction along a straight undefined line to the junction of the north western and the south western boundaries of the 6.430 acre field in Woodstock North townland and along the said north western boundary and along the north western boundary of the .620 acre field in the same townland to its intersection by the imaginary south easterly projection of the south western boundary of the 7.340 acre field in the same townland; thence in a north westerly direction along the said imaginary projection to its junction with the said boundary; thence in a north easterly direction along the south eastern boundary of the said field to its junction with the north eastern boundary of the said field; thence in a north westerly direction along the said boundary to a point 133 metres north west of the said junction: thence in a north easterly direction along a straight undefined line connecting the last mentioned point to a point on the north eastern boundary of the 21.970 acre field in the same townland measuring 100 metres north west of the junction of the said boundary with the south eastern boundary of the said field; thence in a north westerly direction along the north eastern boundary of the said field to its junction with the northern boundary of the same townland; thence in a north westerly direction along the said boundary to its intersection by the imaginary south westerly projection of the south eastern boundary of the 12.190 acre field in Cardington townland; thence in a north easterly dirction along the said imaginary projection and along the said boundary and along its imaginary north easterly projection to its intersection by the centre line of the 1.530 acre parcel in the same townland; thence in a north westerly direction along the said centre line to its intersection by the imaginary south westerly projection of the south eastern boundary of the 14.720 acre field in the same townland; thence in a north easterly direction along the said imaginary projection and along the said boundary and along its imaginary north easterly projection to its intersection by the western boundary of Cardington Demesne townland; thence initially in a north westerly direction along the said boundary and along the northern boundary of the same townland to its junction with the western boundary of Barrowford townland; thence initially in a north westerly direction along the suid boundary and along the northern boundary of the same townland and along its imaginary easterly projection to its intersection by the centre line of the .360 acre parcel in Tomard townland; thence in a north easterly direction along the said centre line to its junction with the western boundary of the 12.340 acre field in the same townland; thence in a southerly direction along the said boundary to its junction with the southern boundary of the same field; thence in a north easterly direction along the said boundary and along its imaginary north easterly projection to its intersection by the centre line of the 3.900 acre parcel in the same town land; thence in a south easterly direction along the said centre line to its intersection by the imaginary south westerly projection of the northern boundary of the .250 acre parcel in the same townland; thence in a north easterly direction along the said imaginary projection and along the said boundary and along the respective northern boundaries of the 9.330 acre parcel and the 24.940 acre field and the .240 acre parcel in the same townland to its junction with the western boundary of Prusselstown townland: thence initially in a south easterly direction along the said boundary to its junction with the north western boundary of the .140 acre field in the same townland; thence in north easterly direction along the said boundary to its junction with the south western boundary of the 5.410 acre field in the same townland; thence in a south easterly direction along the said boundary to its junction with the northern boundary of the 7.570 acre field in the same townland; thence in a north easterly direction along the imaginary north easterly projection of the said boundary to its intersection by the imaginary south westerly projection of the south eastern boundary of the 3.130 acre field in the same townland and along the said imaginary projection and along the said boundary and along the south eastern boundary of the 1.270 acre field in the same townland to its junction with the western boundary of Geraldine townland; thence in a south easterly direction along the said boundary to its junction with the centre line of Geraldine Road; thence in a northerly direction along the said centre line to its intersection by the imaginary north westerly projection of the south western boundary of the 15.080 acre field in the same townland; thence in a south easterly direction along the said imaginary projection and along the said boundary to its junction with the south eastern boundary of the 9.380 acre field in the same townland; thence in a south westerly direction along the said boundary to its junction with the western boundary of the same townland; thence initally in a south westerly direction along the said boundary to its junction with the western boundary of Gallowshill townland; thence in a south westerly direction along the said boundary to its junction with the centre line of the .680 acre parcel in the same townland; thence in a south easterly direction along the said centre line and along its imaginary south easterly projection to its intersection by the imaginary north westerly projection of the north eastern boundary of the 15.310 acre field in the same townland; thence in a south easterly direction along the said imaginary projection and along the said boundary to a point measuring 70 metres from the junction of the said boundary with the north western boundary of the same field; thence in a south westerly direction along a straight undefined line connecting the last mentioned point to a point on the southern boundary of the same field measuring 140 metres south east of the junction of the said boundary with the south eastern boundary of the .450 acre field in the same townland; thence in a south easterly direction along the north eastern boundary of the 6.270 acre field in the same townland to its junction with the south eastern boundary of the same field; then in a south westerly direction along the said boundary to its junction with the north eastern boundary of the 13.270 acre field in the same townland; thence in a south easterly direction along the said boundary to its junction with the south eastern boundary of the same field; thence in a south westerly direction along the said boundary and along its imaginary south westerly projection to its intersection by the centre line of the 2.080 acre parcel in the same townland; thence in a westerly direction along the said centre line and along its imaginary westerly projection to its intersection by the south western boundary of the same townland; thence in a north westerly direction along the said boundary to its intersection by the imaginary north easterly projection of the north western boundary of the 6.410 acre field in Townparks townland; thence in a south westerly direction along the said imaginary projection and along the said boundary to its junction with the western boundary of the same field; thence in a southerly direction along the said boundary to its junction with the southern boundary of the same townland; thence in an easterly direction along the said boundary to its junction with the eastern boundary of the 11.540 acre field in Chanterlands townland; thence in a southerly direction along the said boundary to its junction with the southern boundary of the same townland; thence in an easterly direction along the said boundary to its junction with the eastern boundary of Shanrath West townland; thence initially in a southerly direction along the said boundary to its junction with the southern boundary of the same townland; thence in a westerly direction along the said boundary to its intersection by the imaginary north westerly projection of the centre line of the 5.150 acre parcel in Ardee townland; thence in a south easterly direction along the said imaginary projection and along the said centre line to its intersection by the imaginary north easterly projection of the south eastern boundary of the 22.880 acre field in the same townland; thence in a south westerly direction along the said imaginary projection and along the said boundary and along the south eastern boundary of the 9.740 acre field in the same townland and along its imaginary south westerly projection to its intersection by the centre line of the 3.360 acre parcel in the same townland; thence in a north westerly direction along the said centre line to its intersection by the imaginary easterly projection of the northern boundary of the 4.780 acre field in the same townland; thence in a westerly direction along the said imaginary projection and along the said boundary and along its imaginary westerly projection to its intersection by the County Boundary; thence initially in a north westerly direction along the said boundary to the starting point.

GIVEN under the Seal of the Council of the County of Kildare this 6th day of July, 1987.

J. G. WARD,

County Manager.

G. BRADY,

Chairman.

H. LYONS,

County Secretary.

GIVEN under the Official Seal of the Minister for the Environment this 4th day of May, 1988.

PADRAIG FLYNN,

Minister for the Environment.

EXPLANATORY NOTE

The effect of this Order is to extend the boundary of the Urban District of Athy as from the 1st July, 1988, including therein part of the County Health District of Kildare.