S.I. No. 408/1979 - Urban District of Tralee (Alteration of Boundary) Order, 1979.

S.I. No. 408 of 1979.

URBAN DISTRICT OF TRALEE (ALTERATION OF BOUNDARY) ORDER, 1979.

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 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 Tralee (Alteration of Boundary) Order, 1979.

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 Kerry on the 11th day of September 1978, under subsection (2) of section 10 of the Local Authorities (Miscellaneous Provisions) Act, 1936 , altering the boundary of the Urban District of Tralee.

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 Kerry

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

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

AND WHEREAS the Urban District is an urban district (other than a borough) situate in the County of Kerry (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 (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 January, 1980.

(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 Kerry and shall be added to the Urban District, and thenceforward the transferred area shall cease to form part of the County Health District of Kerry 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 Tralee Urban shall be deemed to have been elected for the local electoral area of Tralee 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 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 to 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.

GIVEN under the Seal of the Council of the County of Kerry this 11th

day of September, 1978.

MARY O'DONOGHUE,

Chairman.

J. RONAYNE,

Acting County 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 Urban District Boundary with the southern boundary of the 1.074 acres parcel in Lohercannon townland; thence in a north westerly direction along the said boundary to its intersection by the imaginary southerly projection of the western boundary of the 0.725 acre parcel in the same towland; thence in a northerly direction along the said projection and boundary and along the western boundary of the 2.969 acres pond in the same townland to its junction with the northern boundary of the said pond; thence in an easterly direction along the said boundary to its junction with the western boundary of the 12.855 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 northern boundary of the 2.294 acres parcel in the same townland; thence initially in a north westerly direction along the eastern boundary of the 8.118 acres field in the same townland then along the respective eastern boundaries of the 4.986, 4.338, 6.715, 6.010, 2.812, 2.464, 3.088 acres fields in the same townland and along the imaginary north easterly projection of the last mentioned boundary to the intersection of the said projection by the northern boundary of the same townland; thence initially in an easterly direction along the said boundary to its junction with the northern boundary of Ballyvelly townland; thence initially in a north easterly direction along the said boundary to its junction with the southern boundary of the .340 acres parcel in Knockanacuig townland; thence in a north westerly direction along the said boundary to its intersection by the imaginary south westerly projection of the western boundary of the 14.765 acres field in Knockanacuig townland; thence in a north easterly direction along the said projection and boundary to its junction with the existing boundary; thence initially in a north westerly direction along the said boundary to its junction with the northern boundary of the 3.243 acres field in Carrigeendaniel townland; thence initially in a westerly direction along the said boundary to its junction with the western boundary of the same townland; thence initially in a northerly direction along the said boundary and along the western boundary of Mounthawk townland to its junction with the southern boundary of Ballynahoulart townland; thence initially in an easterly direction along the said boundary to its junction with the western boundary of Buntalloon townland; thence in a north easterly direction along the said boundary and along the northern boundary of the same townland to its junction with the northern boundary of the 4.075 acres field in Lisloose townland; thence in an easterly direction along the said boundary and along the northern boundary of the 3.863 acres field in the same townland to its junction with the western boundary of the 3.505 acres field in the same townland; thence in a north easterly direction along the said boundary and along the northern boundary of the same field and along the north easterly projection of the last mentioned boundary to the intersection of the said projection by the existing boundary; thence initially in a north westerly direction along the existing boundary to its junction with the north western boundary of Muing West townland; thence initially in a north easterly direction along the said boundary and along the north eastern boundary of the same townland and along the respective northern and eastern boundaries of Muing East townland to its junction with the existing boundary; thence initially in a south westerly direction along the said boundary to its intersection by the northern boundary of the Killarney and Tralee Branch railway line; thence initially in an easterly direction along the said boundary to its intersection by the northerly projection of the western boundary of the 4.823 acres field in Rathass townland; thence in a southerly direction along the said projection and boundary and along the southern boundary of the same field to its junction with the western boundary of the 1.569 acres field in the same townland; then in a southerly direction along the said boundary to its junction with the northern boundary of the 10.522 acres field in the same townland; thence in an easterly direction along the said boundary and along the respective eastern and southern boundaries of the same field to its junction with the south western boundary of the 1.968 acres 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 7.552 acres field in the same townland; thence initially in a south westerly direction along the said boundary and along its imaginary southerly projection to its intersection by the northern boundary of Manor West townland; thence initially in a south easterly direction along the said boundary and along the eastern and southern boundaries of the same townland to its intersection by the existing boundary; thence in a north westerly direction along the said boundary to its junction with the eastern boundary of Cloghers townland; thence initially in a south westerly direction along the said boundary and along the southern boundary of the same townland and along the respective southern and western boundaries of Ballyard townland to its junction with the western boundary of the 4.521 acres field in the same townland; thence in a southerly direction along the said boundary and along the southern boundary of the same field to its junction with the western boundary of the Tralee-Dingle railway line; thence in a north easterly direction along the said boundary to its junction with the eastern boundary of the 7.835 acres field in the same townland; thence in a north westerly direction along the said boundary and along the eastern boundary of the 1.065 acres parcel in the same townland to its junction with the northern boundary of the same townland; thence initially in a south westerly direction along the said boundary to its junction with the western boundary of the .020 acre parcel shown on the map as a bridge over the river Lee; thence in a north westerly direction along the said boundary and along the western boundary of the 0.42 acre parcel in Ballyvelly townland to its junction with the existing boundary; thence initially in a south westerly direction along the said boundary to the starting point.

GIVEN under the Official Seal of the Minister for the Environment

this 19th day of December, 1979.

SYLVESTER BARRETT.

Minister for the Environment.

EXPLANATORY NOTE.

The effect of the Order is to extend the boundary of the urban district of Tralee as from the 1st January, 1980, by including therein part of the county health district of Kerry.