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S.I. No. 264/1969 - Urban District of Carlow (Alteration of Boundary) Order, 1969.

S.I. No. 264 of 1969.

URBAN DISTRICT OF CARLOW (ALTERATION OF BOUNDARY) ORDER, 1969.

The Minister for Local Government 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 ) and 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 Carlow (Alteration of Boundary) Order, 1969.

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 Carlow on the 7th day of March, 1966 under subsection (2) of section 10 of the Local Authorities (Miscellaneous Provisions) Act, 1936 , altering the boundary of the Urban District of Carlow.

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 as aforesaid is hereby confirmed.

SCHEDULE.

COUNTY OF CARLOW.

ORDER OF THE COUNCIL OF THE COUNTY OF CARLOW ALTERING THE BOUNDARY OF THE URBAN DISTRICT OF CARLOW.

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

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 of the County Council:

AND WHEREAS the County Council have complied with the provisions of the Urban Districts (Alteration of Boundaries) Regulations, 1937:

NOW THEREFORE the County Council in exercise of the powers vested in them by 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 April, 1970.

(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 Carlow and shall be added to the Urban District, and thenceforward the transferred area shall cease to form part of the County Health District of Carlow 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 Carlow Urban shall be deemed to have been elected for the local electoral area of Carlow Urban as extended by this Order.

4. (1) The provisions of any public General Act adopted by the Urban Council 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 be 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 Urban Council 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 Urban Council 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 Local Government.

6. In the Schedule to this Order—

(a) 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.

(b) a reference to a field by acreage shall be construed as a reference to a field the area of which is shown as that number of acres on the ½500; Carlow Ordnance Survey Sheet 11, 14 and 15, published in 1907 or on the 1938 revision of the ½500; Carlow Ordnance Survey sheet 7, II, III, VI and VII.

GIVEN under the Seal of the Council of the County of Carlow this 7th day of March, 1966.

DESMOND GOVERNEY, Chairman.

E. J. McKENNA,    Acting Secretary.

SCHEDULE.

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

Starting at the junction of the existing boundary with the western boundary of the County Health District of Carlow and of Carlow townland ; thence in a southerly direction along the said western boundary to its junction with the imaginary westerly projection of the northern boundary of the 5·383 acres field in Mortarstown Upper townland ; thence initially in an easterly direction along the said projection and the boundary of the said field to its junction with the northern boundary of the 8·665 acres field in the said townland ; thence in an easterly direction along the said boundary and along the northern boundary of the 4·207 acres field in the said townland and along its imaginary easterly projection to the intersection of that projection by the western boundary of the 7·088 acres field in Carlow townland ; thence in a northerly direction along the said boundary to its junction with the southern boundary of the 4·229 acres field in the said townland ; thence initially in an easterly direction along the boundary of the said field to its junction with the southern boundary of the 9·660 acres field in the said townland ; thence initially in an easterly direction along the said boundary and along its imaginary easterly projection to the intersection of that projection by the western boundary of Moanacurragh townland ; thence in a northerly direction along the said boundary to its intersection by the imaginary westerly projection of the northern boundary of the 10·433 acres field in the said townland ; thence initially in an easterly direction along the said projection and boundary and along the northern boundary of the 5·129 acres field in the same townland to its junction with the eastern boundary of the said townland ; thence initially in a northerly direction along the said boundary to its junction with the southern boundary of Carlow townland ; thence initially in an easterly direction along the said boundary to its intersection by the imaginary south-westerly projection of the northern boundary of the 5·451 acres field in the said townland ; thenceinitially in a north-easterly direction along the said projection and said boundary and along its imaginary north-easterly projection to its intersection by the western boundary of the 11·627 acres field in the said townland ; thence initially in a northerly direction along the boundary of the said field to its junction with the eastern boundary of the said townland ; thence initially in a northerly direction along the said boundary to its junction with the southern boundary of Browneshill Road in Chapelstown townland ; thence in an easterly direction along the said boundary to its junction with the imaginary southerly projection of the eastern boundary of the 5·938 acres field in the said townland ; thence initially in a northerly direction along the said projection and the boundary of the said field and continuing along the respective northern boundaries of the 2·411 and 1·420 acres fields in the said townland to the junction of the northern boundary of the said 1·420 acres field with the eastern boundary of the 7·548 acres field in the said townland ; thence in a northerly direction along the said boundary to its junction with the northern boundary of the townland ; thence in a northerly direction along the eastern boundary of the 8·144 acres field in Kernanstown townland and along its imaginary northerly projection to the intersection of that projection by the northern boundary of the said townland; thence in a westerly direction along the said boundary to its junction with the western boundary of the 1·717 acres field in Pollerton Big townland; thence in a north-easterly direction along the said boundary and continuing along the respective western boundaries of the 6·737, ·669, 10·525 and 4·867 acres fields in the said townland to the intersection of the western boundary of the said 4·867 acres field by the imaginary easterly projection of the southern boundary of the ·865 acres field in the said townland; thence in a westerly direction along the said projection and boundary and continuing along the southern boundary of the ·795 acre field in the said townland to its junction with the eastern boundary of the 14·265 acres field in the said townland; thence in a northerly direction along the said boundary and continuing along the eastern boundary of the ·885 acre field in the said townland to its junction with the southern boundary of Pollerton Little townland ; thence initially in a westerly direction along the said boundary to its junction with the southern boundary of the 15·484 acres field in Rathnapish townland; thence initially in a westerly direction along the boundary of said field to its junction with the northern boundary of the townland; thence in a westerly direction along the said boundary to its junction with the boundary of Strawhall townland; thence in a westerly direction along the said boundary to its junction with the southern boundary of the 13·115 acres field in the said townland; thence in a westerly direction along the said boundary and along its imaginary westerly projection to the junction of said projection with the eastern boundary of the 1·925 acres field in the said townland; thence in a southerly direction along the said boundary to its junction with the southern boundary of the said field; thence in a straight undefined line to the junction of the northern and eastern boundaries of the 3·195 acres field in the said townland; thence in a southerly direction along the said eastern boundary to its junction with the northern boundary of the 16·791 acres field in the said townland; thence in a westerly direction along the said boundary and along its imaginary westerly projection to the intersection of said projection by the western side of the Carlow-Athy road; thence in a south-westerly direction along the western side of the said road to its junction with the existing boundary.

GIVEN under the Official Seal of the Minister for Local Government this 29th day of December, 1969.

CAOIMHGHÍN Ó BEOLÁIN,

Aire Rialtais Aitiúil.

EXPLANATORY NOTE.

The effect of this order is to extend the boundary of the urban district of Carlow as from 1st April, 1970, by including therein part of the county health district of Carlow.