S.I. No. 79/1953:

LETTERKENNY URBAN DISTRICT (ALTERATION OF BOUNDARY) ORDER, 1953.

LETTERKENNY URBAN DISTRICT (ALTERATION OF BOUNDARY) ORDER, 1953.

WHEREAS the Council of the Urban District of Letterkenny (which Urban District is not a borough) made an application to the Council of the County of Donegal (hereinafter called " the County Council ") being the Council of the County in which the Urban District of Letterkenny (hereinafter called " the Urban District ") is situate for an Order altering the boundary of the Urban District in the manner specified in such application :

AND WHEREAS the County Council on the 28th day of October, 1952, made an Order (hereinafter called " the Boundary Order ") altering the boundary of the Urban District :

AND WHEREAS the County Council have submitted the Boundary Order for confirmation to the Minister for Local Government (hereinafter called " the Minister ") :

AND WHEREAS before making the Boundary Order, the County Council complied with the requirements of the Urban Districts (Alteration of Boundaries) Regulations, 1937 :

AND WHEREAS no petition to disallow the Boundary Order has been received by the Minister :

AND WHEREAS the Minister thinks it proper to make the modifications in the Boundary Order hereinafter appearing and considers that the modifications are necessary for carrying into effect the objects of the Boundary Order :

NOW THEREFORE, the Minister, in exercise of the powers vested in 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 sub-section (3) of Section 42 of the Local Government (Ireland) Act, 1898, and of all other powers in this behalf enabling him hereby orders, directs and declares as follows :--

1. This Order may be cited as the Letterkenny Urban District (Alteration of Boundary) Order, 1953.

2. 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.

3. The Boundary Order as so modified as aforesaid shall be and is hereby confirmed.

4. (1) Any adjustment of property, rights and liabilities which may become necessary for the full and effectual carrying out of the Boundary Order as between the County Council and the Council of the Urban District shall be made by such person as shall be appointed for the purpose by the Minister.

(2) The provisions of sub-articles (2), (4) and (5) of Article 30 of the Schedule to the Local Government (Application of Enactments) Order, 1898, shall with the necessary modifications apply for the purposes of any such adjustment as aforesaid in like manner as they apply to an agreement under the said Article.

SCHEDULE.

Order (as modified by this Order) of the Council of the County of Donegal altering the boundary of the Urban District of Letterkenny.

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

AND WHEREAS the Urban District is an urban district (other than a borough) situate in the County of Donegal (hereinafter referred to as " the County ") :

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 :

NOW THEREFORE, the County Council in exercise of the powers vested in them by Section 10 of the Local Authorities (Miscellaneous Provisions) Act, 1936 , and of all other powers in this behalf enabling them hereby order as follows :--

1. This Order shall come into operation on the twenty-fifth day of February, 1953.

2. On the coming into operation of this Order the area described in the Schedule hereunto annexed (hereinafter called " the transferred area ") shall be detached from the County Health District of Donegal and shall be added to the Urban District, and thence-forward the said area shall be included in and form part of the Urban District for all purposes and the boundary of the Urban District shall be extended accordingly.

3. Every person holding office on the coming into operation of this Order as Urban District Councillor for the local electoral area of Letterkenny Urban shall be deemed to have been elected for the local electoral area of Letterkenny 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 be construed as references to the Urban District as extended by this Order.

(2) All Bye-laws and regulations of the County Council or of the Urban District 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.

GIVEN under the Seal of the Donegal County Council this 28th day of October, 1952.

JAMES P. McIVOR,

Chairman.

THOMAS J. McMANUS,

Secretary.

SCHEDULE.

The transferred area shall be all those parts of the County Health District of Donegal lying between the boundary of the Urban District of Letterkenny as existing immediately before the coming into operation of this Order (hereinafter called " the existing Urban District boundary ") and a line starting at the north-most point of the existing Urban District boundary at the northwest corner of Letterkenny townland and proceeding in a westerly direction along the southern boundary of Glencar Irish townland to its intersection by the centre line of the road leading from Letterkenny to Glencar school ; thence in a north-westerly direction for 393 yards more or less along the centre line of the said road to its intersection by the centre line of the stream which crosses under the said road ; thence in a south-westerly direction along the centre line of the said stream to its intersection by the centre line of the road leading from Letterkenny to Letterkenny Reservoir ; thence in a north-westerly direction along the centre line of the last-mentioned road to its intersection by the boundary of Glencar Irish townland ; thence in south-westerly and south-easterly directions successively along the said townland boundary to its junction with the boundary of Sallaghagrane townland ; thence in south-westerly, southerly, south-easterly, easterly, southerly and easterly directions successively along the last-mentioned townland boundary to its nearest point to the junction on the southern bank of the River Swilly of the boundaries of Creeve (Smith) and Oldtown townlands ; thence in a straight undefined line in a south-easterly direction across the said river to the said junction ; thence in south-easterly, easterly, north-easterly and northerly directions successively along the boundary of Oldtown townland to the junction on the bank of the said river of the boundaries of Oldtown and Drumnahoagh townlands ; thence in a straight undefined line in a north-easterly direction to the nearest point on the existing Urban District boundary in said River Swilly ; thence in easterly, north-easterly and north-westerly directions successively along the existing Urban District boundary to its junction with the boundary of Gortlee townland ; thence in an easterly direction along the boundary of the last-mentioned townland to its junction with the boundary of Ballyraine townland ; thence in south-easterly, north-easterly, north-westerly, north-easterly, south-easterly and northerly directions successively along the river-bank-boundary of the townland of Ballyraine to its junction with the western face of the fence situated a quarter of a mile more or less due east of Port Quay and which said last-mentioned junction lies about 250 yards south of the buildings on Baird's farm ; thence in a north-westerly direction along the western face of the said fence and along its imaginary north-westerly projection to its intersection by the centre line of the road leading northwards from Port Quay ; thence in a northerly direction along the centre line of the said road and its continuation officially known as " County Road No. 1068 ", locally known as " Bunker's Hill ", to its intersection with the centre line of the road leading from Letterkenny to Kiltoy ; thence in a south-westerly direction along the centre line of the last-mentioned road to its nearest junction with the boundary of the townland of Gortlee ; thence in south-westerly, north-westerly, south-westerly, northerly and westerly directions successively along the boundary of Gortlee townland to its junction with the boundary between the townlands of Knocknamona and Ballyboe-Glencar ; thence in north-westerly, westerly, southerly, westerly, northerly, westerly, north-westerly, south-westerly, south-easterly, south-westerly and south-easterly directions successively along the boundary of the townland of Ballyboe-Glencar to its junction with the existing Urban District boundary ; thence in a westerly direction along the existing Urban District boundary to the first-mentioned point.

GIVEN under the Official Seal of the Minister for Local Government this twenty-fourth day of February, One Thousand Nine Hundred and Fifty-three.

PATRICK SMITH,

Minister for Local Government.