S.I. No. 64/1948:

KILLARNEY URBAN DISTRICT (ALTERATION OF BOUNDARY) ORDER, 1948.

KILLARNEY URBAN DISTRICT (ALTERATION OF BOUNDARY) ORDER, 1948.

WHEREAS the Council of the Urban District of Killarney (which Urban District is not a borough) made an application to the Council of the County of Kerry (hereinafter called " the County Council ") being the Council of the County in which the Urban District of Killarney (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 11th day of December, 1946, 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) Order, 1937 :

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

AND WHEREAS the Minister thinks proper to make the modifications in the Boundary Order hereinafter appearing and considers that the said 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 Section 10 of the Local Authorities (Miscellaneous Provisions) Act, 1936 , and of all other powers in this behalf enabling him hereby orders, directs and declares as follows, that is to say :--

1. This Order may be cited as the Killarney Urban District (Alteration of Boundary) Order, 1948.

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 KERRY ALTERING THE BOUNDARY OF THE URBAN DISTRICT OF KILLARNEY.

WHEREAS the Council of the Urban District of Killarney did at a meeting held on the 21st day of January, 1946, resolve that the Council of the administrative County of Kerry (hereinafter referred to as " the County Council ") be requested to alter the boundary of the Urban District of Killarney (hereinafter called " the Urban District ") by including in the Urban District the Townlands of Bunrower, Ross Island, Reen and parts of the townlands of Ballydowney, Lacabane, Gortroe, Derreen and Park.

AND WHEREAS the said Council of the Urban District did at a meeting held on the 4th day of March, 1946, Resolve that the County Council be requested further to alter the boundary of the Urban District so as to include in addition to the townlands and parts of townlands mentioned in the resolution of the 21st day of January, 1946, part of the townland of Ross Bay and did cause application to be made to the County Council accordingly in respect of all said Townlands.

AND WHEREAS the County Council having been satisfied that a prima facie case was made out as respects the Urban District, not being a borough, for the proposal for the alteration of the boundary thereof did after compliance with the provisions of the Urban District (Alteration of Boundaries) Regulations, 1937, direct an Inquiry to be made in the locality by William F. Quinlan who was duly appointed for the purpose on behalf of the County Council.

AND WHEREAS the said Inquiry was duly held on the 19th day of July, 1946, at the Town Hall, Killarney, and the said William F. Quinlan reported to the County Council the result of such Inquiry recommending the alteration of said boundary.

AND WHEREAS on the 7th day of August, 1946, the County Council did adopt the report of the said William F. Quinlan.

NOW, THEREFORE, the County Council in exercise of the powers vested in it by Section 10 of the Local Authorities (Miscellaneous Provisions) Act, 1936 , subsection (3) of Section 42 of the Local Government (Ireland) Act, 1898, and of all other powers in this behalf enabling it hereby orders as follows :--

1. This Order shall come into operation on the twenty-third day of February, 1948.

2. On the coming into operation of this Order the boundary of the Urban District shall be altered by the transfer from the County Health District of Kerry to the Urban District of Killarney of the area (hereinafter called " the transferred area ") described in the Schedule hereunto annexed.

3. The transferred area shall, on the coming into operation of this Order cease to form part of the County Health District of Kerry and shall also cease to be part of the District Electoral Division of Killarney Rural and shall form part of the Urban District.

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 Order 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 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. Every person holding office on the coming into operation of this Order as a member of the Council of the Urban District shall be deemed to have been elected for the Urban District as altered by this Order.

Given under the Seal of the Kerry County Council, this eleventh day of December, 1946.

(Signed) H. S. MOYLAN,

Kerry County Commissioner.

(Signed) PADRAIG C. Ua MATHGHAMHNA,

Kerry Deputy County Manager.

SCHEDULE TO THE ORDER OF THE COUNTY COUNCIL.

DESCRIPTION OF THE PORTION OF THE COUNTY HEALTH DISTRICT OF KERRY TRANSFERRED BY THIS ORDER TO THE URBAN DISTRICT.

The transferred area shall be all that area comprising :--

(a) the Townlands of Bunrower, Reen and Ross Island ;

(b) that part of Ross Bay bounded on the north by Townland of Reen, on the east by the Townland of Bunrower, on the South by Townland of Ross Island and lying to the north and east of Ross Castle and containing ·104 acres and 15·677 acres ;

(c) all that part of the Townlands of Lacabane, Gortroe (Electoral Division of Killarney Rural), Ballydowney and Deereen, south of the road from Killorglin to Killarney ;

(d) all that part of the Townland of Knockreer outside the boundary of the Urban District as existing immediately before the commencement of this Order ;

(e) all that area in the Townland of Park enclosed between the boundary of the Urban District as existing immediately before the commencement of this order and a line commencing at the eastern fence of the plot owned by Margaret Kelly and running thence north along the said eastern fence, and then north west along the fences of the plots owned by said Margaret Kelly, F. O'Donoghue, R. Ferris, F. O'Neill and J. Healy, thence south along the western fence of J. Healy's plot, thence west along the northern fences of the plots owned by D. McCarthy, J. Hickey, D. Cronin, T. Corcoran, H. Buckley, P. O'Sullivan and D. Horgan, thence continuing west across the road leading to the lands occupied by the Department of Lands and through J. O'Donoghue's plot and along the northern fence of the plots occupied by E. Kelly, J. Bergin, D. Ahern and Miss O'Donoghue, thence south along the western fence of Miss O'Donoghue's plot, thence west through D. Riordan's plot in a line with the northern fence of the plots occupied by R. O'Connor, Representatives of M. O'Connor, Mrs. Herlihy, P. Fitzgibbon, M. Healy, P. O'Sullivan, J. Skelton, Representatives of M. O'Connor, M. O'Donoghue, J. Counihan, J. Mahony, Miss D. Russell, P. Murphy, M. O'Neill and thence west in a straight line to the boundary of the said Urban District as existing immediately before the commencement of this Order.

GIVEN under the Official Seal of the Minister for Local Government, this twenty-first day of February, One Thousand Nine Hundred and Forty-eight.

(Signed) T. J. MURPHY,

Minister for Local Government.