Skipton Urban District Gas Act 1899

Publication Date:January 01, 1899


Skipton Urban District Gas Act 1899

(62 & 63 Vict.) c. lvi

An Act to empower the Urban District Council of the Urban District of Skipton to supply gas and to purchase the undertaking of the Skipton Gas Company and for other purposes.

[13th July 1899]

[62 & 63 VICT.] Skipton Urban District Gas Act, 1899. [Oh., lvi.] CHAPTER lvi. An Act to empower the Urban District Council of the A.D. 1899. Urban District of Skipton to supply gas and to purchase the undertaking of the Skipton Gas Company and for other purposes. [13th July 1899.] WHEREAS the district of Skipton in the West Riding of the county of York is an urban district within the meaning of the Local Government Act 1894 and is under the management and control of the Skipton Urban District Council (in this Act called "the Council"): And whereas the Skipton Gas Company (herein-after called " the Company ") under and by virtue of the Skipton GaR Act 1863 have constructed gasworks and are authorised to supply gas within the township and urban district of Skipton and the township of Embsay-with-Eastby both in the parish of Skipton and the township of Carlton in the parish of Carlton in the Skipton rural district all in the West Riding of the county of York : And whereas the paid-up capital of the Company consists of seven thousand pounds stock entitled to a maximum dividend of nine per centum per annum and eleven thousand six hundred and sixty-six pounds stock entitled to a maximum dividend of seven pounds ten shillings per centum per annum and two thousand three hundred and thirty-four pounds divided into two thousand three hundred and thirty-four new shares of one pound each entitled to a maximum dividend of seven pounds ten shillings per centum per annum: And whereas the Company have borrowed on mortgage of their undertaking and now owe the sum of four thousand seven hundred and fifty pounds : And whereas it is expedient that the gas supply of the urban district should be in the hands of the Council and that the undertaking of the Company should be transferred to and vested in the [Price Is. &d? A 1 tCh. lvi.] Shijpton Urban District Gas Act, 1899. [62 & 63 VICT.] Council in manner provided by this Act and that the Council should be empowered to acquire for the purpose of gasworks the lands described in the second part of the schedule to this Act and to construct gasworks and to extend and improve the existing gasworks of the Company to meet the growing demands of the inhabitants within the limits of this Act: And whereas plans describing the lands which may be taken compulsorily under the powers and for the purposes of this Act and a book of reference to those plans containing the names of the owners or reputed owners lessees or reputed lessees and of the occupiers of such lands were duly deposited with the clerk of the peace for the "West Biding of the county of York and are in this Act respectively referred to as the deposited plans and book of reference : And whereas the purposes of this Act cannot be effected without the authority of Parliament: .And whereas estimates have been prepared by the Council for the purposes herein-after mentioned and such estimates are as follows : For the purchase of lands for and for the extension £ and improvement of the gas undertaking including the removal and reconstruction of the gasworks - 30,000 For providing working capital --- 5,000 And whereas the several works included in such estimates respectively are permanent works within the meaning of section 234 of the Pubiic Health Act 1875 : And whereas an absolute majority of the whole number of the Council at a meeting held on the fifteenth day of September one thousand eight hundred and ninety-eight after ten clear days' notice by public advertisement of such meeting and of the purpose thereof in the Craven Herald a local newspaper published and circulating in the urban district such notice being in addition to the ordinary notices required for summoning such meeting resolved that the expense in relation to promoting the Bill for this Act should be charged on the general district rate : And whereas such resolution was published twice in the said Craven Herald and has received the approval of the Local Government Board: And whereas the 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 held in pursuance of a Bimilar notice on the nineteenth day of January one thousand eight hundred and ninety-nine being not less than fourteen days after the deposit of the Bill for this Act in Parliament: 2 [62 & 63 VICT.] -Skipton Urban District Gas Act, 1899. [Ch. lvi.] And whereas the owners and ratepayers of the urban district A.D. 1899. by resolution in the manner provided in the Third Schedule of the Public Health Act 1875 consented to the promotion of the Bill for this Act: May it therefore please Tour Majesty that it may be enacted and be it enacted by the Queen'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 the authority of the same as follows (that is to say): PRELIMINARY. 1. This Act may be cited as the Skipton Urban District Gas Short title. Act 1899. 2. The following Acts (so far as the same are applicable for incorthe purposes and are npt inconsistent with the provisions of this portion £ Act) are hereby incorporated with and form part of this Act namely: The Lands Clauses Acts; The Gasworks Clauses Act 1847 (except the provisions thereof with respect to the amount of profit to .be received by the Undertakers when' the gasworks are carried on for their benefit and with respect to the yearly: receipt and expenditure of the .Undertakers); and The Gasworks Clauses Act 1871 (except sections 7 8 and 35 thereof). 3.' In this Act the several words and expressions to which iuterprcmeanings are assigned by the Acts wholly or partially incorporated tatIOUherewith have the same respective "meanings unless there be something in the subject or context repugnant to such construction And in this Act unless the subject or context otherwise requires ' " The Council" means the urban district council of the urban district of Skipton; " The district " means the urban district of Skipton; " The clerk" " the district fund "and " the general district rate " mean respectively the clerk of the Council the district fund and the general district rate of the district; " The Gompany " means the Skipton Gas Company; " The undertaking of the Company " includes all the gasworks engines mains pipe's machinery lauds buildings plant stock- in-trade gas coal and other stores and all other the real and personal property assets and. effects of' whatever nature and all the rights powers and privileges vested in or belonging to or had or enjoyed by the Company at the date A 2 3 A.D. 1899. Execution and limits of Act. Company to sell their undertaking to Council. [Ch. IvL] Skipton Urban District Gas Act, 1899. [62 & 63 VICT.] of the transfer of their undertaking to the Council under the provisions of this Act except the books and papers relating exclusively to the shareholders in and the members and constitution of the Company ; " Statutory security" means any security in which trustees are for the time being by or under any Act of Parliament passed or to be passed authorised to invest trust money and any mortgage bond debenture debenture stock stock or other security (not being annuities rentcharges or securities payable to bearer) authorised by or under any Act of Parliament passed or to be passed of any county council municipal corporation or of any other local authority other than the Council as denned by section 34 of the Local Loans Act 1875. 4 . This Act shall be carried into execution by the Council and the limits of this Act shall be the township and urban district of Skipton and the township of Embsay-with-Bastby both in the parish of Skipton and the township of Carlton in the parish of Carlton in the Skipton rural district. PUECHASE OF UNDEKTAKING. 5.(1) The Council shall within six months after the passing of this Act give notice to the Company of their intention to purchase and thereupon the Company shall sell to the Council and the Council shall purchase the undertaking of the Company for such price or consideration being a sum in gross and on such terms and conditions as may be agreed upon between the Company and the Council or as failing such agreement shall be determined by arbitration in accordance with the provisions of the Lands Clauses Acts with reference to the purchase and taking of lands otherwise than by agreement and in the construction of the said provisions the expression " the promoters of the undertaking" shall mean the Council and the expression " lands " shall mean the undertaking of the Company. (2) In the event of such arbitration taking place the arbitrators and umpire shall in settling the amount of compensation to be paid by the Council to the Company allow ten per centum as compensation for compulsory purchase and in addition thereto shall have regard to any capital properly expended or incurred by the Company otherwise than out of revenue beyond the amount of share and loan capital authorised by the Act of 1863. (3) And in addition to the sum to be paid by the Council to the Company under the foregoing provisions of this section the Council 4 [62 & 63 VICT.] BMpton Urban District Gas Ad, 1899. [Oh. lvi.] shall pay to the Company the taxed costs and expenses incurred by A.D. 1899. them of and incident to the winding-up of the Company. (4) On payment by the Council of the amount of purchase money to the Company or into the Bank of England under the provisions of this Act the undertaking of the Company with their rights powers and privileges shall subject to the provisions of this Act by virtue of this Act become and shall thenceforth be transferred to and vested in the...

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