S.I. No. 339/1988 -- Urban District of Ennis (Alteration of Boundary) Order, 1988.
1988
339
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S.I. No. 339/1988:
URBAN DISTRICT OF ENNIS (ALTERATION OF BOUNDARY) ORDER, 1988.
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URBAN DISTRICT OF ENNIS (ALTERATION OF BOUNDARY) ORDER, 1988.
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The Minister for the Environment in exercise of the powers conferred on him by article 26 of the Schedule to the Local Government (Application of Enactment's) 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:--
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1. This Order may be cited as the Urban District of Ennis (Alteration of Boundary) Order, 1988.
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2. The Interpretation Act, 1937 (No. 38 of 1937) shall apply to this Order.
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3. In this Order, "the Boundary Order" means the order made by the Council of the County of Clare on the 14th day of March, 1988, under subsection (2) of section 10 of the Local Authorities (Miscellaneous Provisions) Act, 1936 , altering the boundary of the Urban District of Ennis and which is set out in the Schedule hereto.
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4. The Boundary Order is hereby confirmed subject to the modification that the following paragraph shall be added after paragraph 3:--
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"3A On the coming into operation of this Order the area described in the Schedule to this Order shall cease to form part of the county electoral areas of Milltownmalbay and Shannon and shall form part of the county electoral area by Ennis."
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SCHEDULE
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County of Clare
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ORDER OF THE COUNCIL OF THE COUNTY OF CLARE ALTERING THE BOUNDARY OF THE URBAN DISTRICT OF ENNIS.
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WHEREAS The Council of the Urban District of Ennis have applied under section 10 of the Local Authorities (Miscellaneous provisions) Act, 1936 to the Council of the County of Clare (hereinafter referred to as "the County Council") for an order altering the boundary of the Urban District of Ennis (hereinafter referred to as the "Urban District") so as to include therein the portion of the County Health District of Clare specified in the Schedule hereunto annexed:
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AND WHEREAS the Urban District is an urban district (other than a borough) situate in the County of Clare:
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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:
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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):
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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:--
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1. (1) This Order shall come into operation on the first day of January, 1989.
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(2) The Interpretation Act. 1937 (No. 38 of 1937) shall apply to this Order.
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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 Clare and shall be added to the Urban District, and thenceforward the transferred area shall cease to form part of the County Health District of Clare 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.
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3. Every person holding office on the coming into operation of this Order as urban district councillor for the local electoral area of Ennis Urban shall be deemed to have been elected for the local electoral area of Ennis Urban as extended by this Order.
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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.
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(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.
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5. (1) The County Council and the Council of the Urban District may be agreement make any adjustment of property, rights and liabilities which may be necessary in consequence of this Order.
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(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.
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6. In the Schedule of this Order 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.
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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 Commissioners 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.
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(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.
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(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 vertify 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.
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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 us 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.
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SCHEDULE
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The transferred area shall be that area comprised between the existing boundary and a line drawn as follows:--
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| Starting at the junction of the western boundary of Skehanagh townland and the southern boundary of Fergus Bridge; thence in a north westerly direction along the said boundary to its junction with the eastern boundary of Clareabbey townland; thence in a north westerly direction along the western boundary of the 2.051 acres parcel in the same townland to its junction with the northern boundary of the 15.999 acres field in the same townland; thence in a westerly direction along the said boundary to its junction with the western boundary of the same field; thence initially in a southerly direction along the said boundary to its junction with the north eastern boundary of the 16.119 acres field in the same townland; thence initially in a north westerly direction along the said boundary to its junction with the southern boundary of the 5.908 acres field in the same townland; thence in a westerly direction along the said boundary to its junction with the eastern boundary of
the 13.448 acres field in the same townland; thence initially in a north westerly direction along the said boundary to its junction with the southern boundary of the 2.925 acres field in the same townland; thence in a westerly direction along the said boundary to its junction with the western boundary of the thence in a northerly direction along the said boundary to its junction with the southern boundary of Clonroad More townland; thence in a westerly direction along the said boundary to its junction with the centre line of the 3.032 acres parcel in the same townland; thence in a northerly direction along the said centre line to its intersection by the imaginary easterly projection of the south eastern boundary of the 0.321 acre parcel in the same townland; thence initially in a westerly direction along the said imaginary projection and along the said boundary to its junction with the north eastern boundary of the 0.944 acre field in the same townland; thence in a north westerly
direction along the said boundary and along the north eastern boundary of the 1.095 acres field in the same townland to its junction with the north western boundary of the said field; thence in a south westerly direction along the said boundary and along the north western boundary of the 1.715 acres field in the same townland to its junction with the south western boundary of the 1.631 acres field in the same townland; thence in a north westerly direction along the said boundary and along the south western boundary of the 1.221 acres field in the same townland to its junction with the north western boundary of the 52.249 acres field in the same townland; thence in a south westerly direction along the said boundary to its junction with the north eastern boundary of the 8.341 acres field in the same townland; thence in a north westerly direction along the said boundary and along its imaginary north westerly projection to the intersection of the said imaginary projection by the centre
line of the 1.686 acres parcel in the same townland; thence in a north westerly direction along the said centre line to its junction with the eastern boundary of Cahircalla More townland; thence initially in a south westerly direction along the said boundary to its junction with the north eastern boundary of the 7.401 acres field in the same townland; thence in a north westerly direction along the said boundary and along its imaginary north westerly projection to the intersection of the said projection by the centre line of the 3.602 acres parcel in the same townland; thence in a south westerly direction along the said centre line to its intersection by the imaginary south easterly projection of the north eastern boundary of the 4.385 acres field in the same townland; thence in a north westerly direction along the said imaginary projection and along the said boundary to its junction with the north western boundary of the said field; thence in a south westerly direction along the said
boundary to its junction with the south western boundary of the 0.717 acre parcel in the same townland; thence in a north westerly direction along the said boundary and along the south western boundary of the 8.143 acres field in the same townland to its junction with the north western boundary of the said field; thence in a northerly direction along the said boundary to its junction with the southern boundary of the 18.133 acres field in the same townland, thence in an easterly direction along the said boundary to its junction with the eastern boundary of the same field; thence in a northerly direction along the said boundary to its junction with the northern boundary of the same field: thence in a westerly direction along the said boundary to its junction with the western boundary of the 0.210 acre parcel in the same townland; thence initially in a northerly direction along the said boundary to its junction with the eastern boundary of the 17.700 acres field in the same townland;
thence in a northerly direction along the said boundary and along its imaginary northerly projection to the intersection of the said imaginary projection by the eastern boundary of Ballymacaula townland; thence initially in a north easterly direction along the said boundary to its junction with the north western boundary of the 5.944 acres field in Keelty townland; thence in a north easterly direction along the said boundary to its junction with the eastern boundary of the same townland; thence initially in a northerly direction along the said boundary and along the northern boundary of the same townland to its junction with the eastern boundary of Shanvogh townland; thence initially in a northerly direction along the said boundary and along the northern boundary of the same townland to its junction with the eastern boundary of Drumcaran More townland; thence initially in a north easterly direction along the said boundary to its junction with the north eastern boundary of the 6.067
acres field in the same townland; thence initially in a north westerly direction along the said boundary and along its imaginary northerly projection to its intersection by the centre line of the 0.979 acre parcel in the same townland; thence initially in an easterly direction along the said centre line and along its imaginary north easterly projection to its intersection by the centre line of the 2.018 acres 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 north western boundary of the 9.537 acres field in the same townland; thence in a north easterly direction along the said imaginary projection and along the said boundary and along the respective north western boundaries of the 1.455 acres field and the 1.286 acres field in the same townland to its junction with the southern boundary of Drumcliff townland; thence initially in an easterly direction along the said
boundary to its junction with the southern boundary of the 2.064 acres field in Claureen townland; thence in an easterly direction along the said boundary and along its imaginary easterly projection to its intersection by the centre line of the 0.403 acres parcel in the same townland; thence in a northerly direction along the said centre line to its intersection by the imaginary westerly projection of the southern boundary of the 1.665 acres field in the same townland; thence initially in an easterly direction along the said imaginary projection and along the said boundary to its junction with the southern boundary of Drumcliff townland; thence initially in an easterly direction along the said boundary and along the eastern boundary of the same townland to its junction with the south western boundary of Ballymaley townland; thence initially in a south easterly direction along the said boundary and along the southern boundary of the same townland to its junction with the centre line of
the 0.898 acre parcel in Ballycorey townland: thence in a southerly direction along the said centre line to its junction with the northern boundary of Knockaderry townland; thence initially in an easterly direction along the said boundary to its junction with the western boundary of Drumgranagh townland: thence initially in a south easterly direction along the said boundary and along the western boundary of Ballymacahill townland to its junction with the south eastern boundary of the 3.428 acres field in the same townland; thence initially in a north easterly direction along the said boundary and along its imaginary north easterly projection to the intersection of the said imaginary projection by the western boundary of the 0.876 acre field in the same townland; thence along the southern boundary of the said field and along the southern boundary of the 0.442 acre field in the same townland and along its imaginary north easterly projection to its intersection by the centre line of the
0.523 acre parcel in the same townland: thence initially in a southerly direction along the said centre line and along its imaginary south easterly projection to its intersection by the centre line of the 1.301 acres parcel in the same townland: thence initially in a north easterly direction along the said centre line to its intersection by the imaginary northerly projection of the western boundary of the 2.830 acres field in the same townland: thence in a southerly direction along the said imaginary projection and along the said boundary and along the respective western boundaries of the 5.634 and the 0.350 acres fields in the same townland to the junction of the last mentioned boundary with the southern boundary of the 4.914 acres field in the same townland, thence initially in a south westerly direction along the said boundary to its intersection by the imaginary north westerly projection of the western boundary of the 7.868 acres field in the same townland: thence initially in a
south easterly direction along the said imaginary projection and along the said boundary to its junction with the western boundary of Knockanean townland; thence in a southerly direction along the said boundary to its junction with the southern boundary of the 1.344 acres field in the same townland: thence along the said boundary to its junction with the western boundary of the 1.015 acres field in the same townland; thence in a southerly direction along the said boundary and along the respective western boundaries of the 0.973, 2.222 and the 2.129 acres fields in the same townland and along the imaginary southerly projection of the last mentioned boundary to its intersection by the centre line of the 1.779 acres parcel in the same townland; thence in an easterly direction along the said centre line to its intersection by the imaginary north westerly projection of the centre line of the 0.725 acres parcel in the same townland; thence initially in a south easterly direction along the
said imaginary projection and along the said centre line and along its imaginary south easterly projection to its intersection by the centre line of the 1.752 acres parcel in the same townland; thence in a south westerly direction along the said centre line to its junction with the western boundary of the same townland; thence in a south westerly direction along the centre line of the 0.739 acres parcel in Gaurus townland to its junction with the western boundary of the same townland: thence initially in a southerly direction along the said boundary and along the northern boundary of Ballaghboy townland and along the northern boundary of Bunnow townland and along the western boundary of the same townland and along the western boundary of Skehanagh townland to the starting point. |
O.S. 33 plan16
33 plan 15
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34 plan 1
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33 plan 16
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GIVEN under the Seal of the Council of the County of Clare this 14th day of March, 1988.
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| Chairman |
Patrick McMahon |
| County Secretary |
William Moloney |
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GIVEN under the Official Seal of the Minister for the Environment
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this 16th day of December, 1988.
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PADRAIG FLYNN,
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Minister for the Environment.
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EXPLANATORY NOTE.
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The effect of this Order is to extend the boundary of the Urban District of Ennis as from the 1st January 1989, including therein part of the County Health District of Clare.
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