Omagh Urban District Gas Act 1902

Cited as:1902 c. cxlvii
Jurisdiction:UK Non-devolved

Omagh Urban District Gas Act 1902

(2 Edw. 7) c. cxlvii

An Act to provide for the transfer to the undertaking of the Omagh Gas Company to the Omagh Urban District Council and to authorise that Council to supply gas and for other purposes

[31st July 1902]

[2 EDW. 7.1 Omagh G4an Distiqict Gas Act, 1902. [Ch. cxlvii.] CHAPTER cxlvii. An Act to provide for the transfer of the undertaking A.D. 1902. - of the Omagh Gas Company to the Omagh Urban District Council and to authorise that Council to supply gas and for other purposes. [3lst July 1902.1 HEREAS the district of Omagh in the county of Tyrone is an urban district within the meaning of the Local Government (Ireland) Act 1898 and is under the management and control of the Oniagh Urban District Council (in this Act called `(the Co,incil ") : And whereas the Omagh Gas Company Limited was formed in the year me thousand eight hundred and fifty-six for the purpose of supplying with gas the township of Omagh now called the urban district of Omagh and certain places in the neighbourhood thereof and by the Omagh Gas Act 1901 (herein-after referred to as `( the Act of 1901 ") was dissolved and tJhe Omagh Gas Company (herein-after referred to as " the company ") was incorporated snd the gas undertaking and property of the lbi! ed company waq vested in the company aiid the company was authorised to supply gas within tile limits of that Act as defined by section 4 thereof: And whereas the authorised share capital of the company consists of twenty-seven thousand pounds divided into twelve thousand pounds ordinary stock in the Act of 1901 called " the original capital" and fifteen thousand pounds in the Act of 1901 called (` the additional capital " : Bnd whereas the company have no mortgage debt : And whereas the company have erected gasworks upon the lands described in t8he schedule to this Act or some portion tliereof and are now supplying gas within the district of the Council and parts of the parishes of Drumragh and Cappagh adjoining thereto : And whereas by section 70 of the Act of 1901 power is reserved to the Council of purchasing the undertaking of the company as [Price 1s. 3d.1 A 1 [Ch. cxlvii.] Omcyh U&m Distiict GUS Act, 1902. (2 EDW. 7.1 A.D. 1902. -- Short title. therein mentioned and they are desirous of obtaining the necessary powers for that purpose : And whereas an absolute majority of the whole number of the Council at a meeting held on ttie fourth day of November one thousand nine hundred and one after ten clear days' notice by public advertisement of such meeting and of the purpose thereof in the TJlster Herald a locai newspaper published and circulating in the district of the Council such notice being in addition to the ordinary noticcs required for summoning such meeting resolved that the expense in rehtion to promoting tlie Bill for this Act should be charged on the district fund or general district rate 9f the disiaict : And whereas such resolution was published tmicc in the said Ulster Herald and has received the approval of the Local Government Board f'or Ireland : And whereas tlie propriety of the promotion of the Bill for this Act was confirmed by an absolute majority of the whole number of the Council at a further special meeting Leld in pursuance of a similar notice on the thirteenth day of January one thousand nine hundred and two being not less than fourteen days aftcr the de1:osit of the Bill for this Aut in Parliament : And whereas the propriety of the promotion of tlic Bill for this Act was approved by tl speAal resolution of the persons qualified to vote at an election of members of the Council passed at a meeting summoned and held in conformity with tlie provisions of section 7 of the Borough Funds (Ireland) Act 1888 : And whereas the objects of this Act cannot be effected without the authority of Parliament : May it therefore please Your Majest,? that it may be enacted and be it enacted by the Icing's most Excellent Majesty by and with the advice and consent of the Lords Spiritual and Temporal and Commons in this present Parliament assembled and by tlie authority of the same as follows (that is to say) :- 1. This Act may be cited as the Omash Urban District Gas Act 1902. Incorpora- 2. The following Acts and parts of Acts (so far as t,lie same are applicable for the purposes and are not inconsistent with the provisions of this Act) are hereby incorporated with this Act (namely) :- The Lands Clauses Acts (except the provisions of the Lands Claiises Consolidation Act 1845 relating to the purchase and tion of Acts. 2 [2 EDW. 7.1 On~rgh &`dmiL Bistrict Gcrs Act, 1902. [Ch. cxlvii.] taking of lauds otherwise than by agrcemciit and section 127 A D. 1902. of that Act) : The Gasworks Clauses Act 1847 (except the provisions thereof with respect to the amount of profit to be received by the undertakers ~vEien the gasworks are carried on for their benefit and except section 38 relating to accounts) : And tlie Gasworks Clauses Act 1871 (except sectiori 7 relating to sliareliolders section 8 relating to the appointment of a receiver tuid section 35 r(X1ating to acccunts &e.) shall apply to the gas andert2king of tlie Council. wholly or partially incorporatcd with this Act me;luings are assigned tion. shall in lhis Act have the same rcspectivc mcmings unless there is something in the subject or context repugnant to such construction Provided that in tlie Acts wholly or paltitilly incorporated with this Act for the purpost's of this Act- The expreFsions " the uiidcrtakers " and " the coiiipany " mean the Council ; And in this Act unless the context othvrwise requires the expression " the undertaking of the company " includes all I,hc gasworks engines mains pipes and machinery lands and tmilclings plant fixed and movable and all other the real and personal property assets and effects of ~vhatever nature and all the rights I powers and privileges vested in or belonging to 01" had or enjoyed by tho companj at the date of the transfer of the uririerttiking of the company to the Council under the provisions of this Act except tlie books and papers relating exclusively to tlie shareholders in and to the members and constitution of the company ; `` The district" means the urban district of Omagh in the county of Tyrone ; " The district Fund " means the disrrici; fund of the district ; `` The Local Government Board " means the Local Government - 3. The several words and ~xpr~~ssioiis to which by the Acts Interprets- Board for Ireland. 4. The limits of this Act for the supply of gas (in this Act Limitsot referred to as " the limits of supply ") shall be and include the district ard so much of the parishes of Drumragh and Cappagh as lie within a distance of two ancl one-llalf miles from the centre of the existing gasworks in tlie town of Omagh. Council under the powers of this Ast 2nd tlie fines and premiums ````$~s~~nds received by the Council on the lease of any such lands shall be 5. `I'he proceeds of the sale of any lands acquired by the Proceeds A2 3 [Ch. cxlvii.] Omagh Urbafa Distyict Gus Act, 1902. [2 EDW. 7.1 A.D. 1902. distiaguished as capital in the accounts of the Council and shall be applied in discharge of any moneys borrowed by the Council under the powers of this Act but shall not be applied to the paymeiits of instalments or to payments into the sinking fund except to such an extcnt and upon such terms as may be approved hp the Local Government Board and borrowed money discharged by the application of such proceeds shall not be re-borrowed. - Company to se'1 their to Council. 6.-(1) The Council shall within six months after the passing of this Act by notice in writing under their seal requiro the company to sell and traiisfer their undertaking to the Council and shall at the expiration of the half year ending on the thirtieth day of June or the thirty-first day of December respectively which slinll first, occur after the agreeing of the price or the decision of thc arbitrator as the case map be (herein-after called "the date of transfer ") purchase and acquire and the company shall on that date sell aud trarder the undertaking of the company subject to all the existing mortgages obligations and liabilities of the undertaking and the purchase shall be completed and the purchase money paid on the date of transfer accordingly. (2) The sale and purchase shall be for such a price or con- sideration and on such terms and conditions as may be agroed upon between the company and the Council or as failing agreement shall be determined by arbitration in accordance with the provisions of tlie Lands Clauses Acts with reference to the purcliasc: and taking of lands 01 herwise than by agreement in Ireland and in thc construction of the said provisions the expression " the promoters of the undertaking " or " any ( ompany authorised to make a railway " shall mean the Council and the cxpression `` lands " shall meail the undertaking of the company. (3) And in addition to the sum to be paid by the Council to the company under the foregoiug provisions of this section the Council shall pay to the company the actual costs of ohtaining the Act of 1901 as taxed by the proper taxing officer and the costs and expenses incurred by them of and incidental to the winding up of the company the amount of such costs and expenses in default of agreement to be determined by arbitration as aforesaid. (4) As froin the date of transfer the undertaking of the company shall by virtue of this Act become and be transferred to and shall thenceforth be vested in the Council subject and according to the provisions of this Act and thenceforth the Council shall have aid hold the undertaking. undertaking 4 [a Enw. 7.1 Omagh U?4an nidi-ict Gcts Act, 1902. [Ch. cxlvii.] (5) The production of a Kiiig's printers' copy of this Act duly A.1). 1902. stamped together with a receipt for the purchase money purporting to be signed by three directors of the company or by the cashier of the Bank of...

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