Warrington Extension and Water Act 1890

Publication Date:January 01, 1890
 
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Warrington Extension and Water Act 1890

(53 & 54 Vict.) c. ccxxxvi

An Act to extend the Boundaries, of the Borough of Warrington to provide for vesting the Undertaking of the Warrington Waterworks Company in the Mayor Aldermen and Burgesses of the Borough of Warrington and for other purposes.

[14th August 1890]

[53 & 54 Vict.] Warrington Extension and [Oh. CCXXXVi.] Water Act, 1890. CHAPTER ccxxxvi. An Act to extend the Boundaries, of the Borough of War- a.d. i89o, rington to provide for Testing the Undertaking of the Warrington Waterworks Company in the Mayor Alder men and Burgesses of the Borough of Warrington and for other purposes. [14th August, 1890.] w HEREAS the existing borough of Warrington is a municipal borough subject to the Acts relating to municipal corporations and under the government of the mayor aldermen and burgesses of the borough (in this Act called " the Corporation"): And whereas the Corporation acting by the council of the borough are the urban sanitary authority for the district of the existing borough with the powers and obligations of an urban sanitary authority: And whereas the following local Acts are wholly or partially in force within the existing borough (that is to say): The Warrington Gas Act 1847; The Warrington Improvement and Market Act 1854; The Warrington Gas Act 1871; The Warrington Corporation Gas Act 1877 ; The Warrington Corporation Lighting and Improvement Act 1879: And whereas it is expedient that the boundaries of the existing borough should be extended in manner by this Act provided: And whereas the Corporation are the burial board for the existing borough and it is expedient that they be constituted the burial board for the extended borough : And whereas in order to make provision for the representation of the area added to the borough and to settle the division into wards of the extended borough it is desirable that a commissioner be appointed as in this Act mentioned : [Price 2s. 6c?.] A 1 [Oh. CCXXXVi.] Warrington Extension and [53 & 54 Vict.] Water Act, 1890. A.D. 1890. And whereas the Corporation are the owners of the gas under-" taking of the borough and under the powers of the recited Acts manufacture gas and supply gas in the borough and in certain adjoining townships and places: And whereas the Warrington Waterworks Company (in this Act called " the company ") are incorporated and authorised to supply and are now supplying water within limits which comprise the existing borough and several adjoining townships and places under and by virtue of the following Acts : The Warrington Waterworks Act 1855; The Warrington Waterworks Act 1868; and The Warrington Waterworks Act 1878: And whereas the capital of the company consists of Porty thousand pounds preference stock entitled to a preferential dividend at the rate of four pounds ten shillings per centum per annum: Three thousand ordinary shares of ten pounds each entitled to dividend at a rate not exceeding ten pounds per centum per annum: One thousand five hundred ordinary shares of ten pounds each entitled to dividend at a rate not exceeding seven pounds ten shillings per centum per annum: Three thousand ordinary shares of ten pounds each entitled to dividend at a rate not exceeding seven pounds per centum per annum; And whereas the company have a mortgage or bond debt of twenty-eight thousand three hundred and nineteen pounds but have not created any debenture stock and are indebted to their bankers for moneys advanced: And whereas the company and the Corporation have agreed for the transfer to the Corporation of the undertaking rights powers and privileges of the company on the terms and conditions hereinafter set forth and it is expedient that provision as herein-after contained should be made for effecting that object and that the Corporation should be invested with the powers of the company to the extent herein-after mentioned : And whereas it is also desirable to enable the Corporation to acquire certain lands for the enlargement of their existing hospital for infectious diseases: And whereas the Public Libraries (England) Acts 1855 to 1889 arc in force within the borough and a free library museum and art collections have at great expense been established and provided but the rate authorised by the said Acts is insufficient for the purpose 2 [53 & 54 Vict.] Warrington Extension and [Oh. CCXXXVi.] Water Act, 1890. of maintaining and improving the said library museum and art A.D. 1&90. collections and it is therefore expedient that the amount of the rate be increased: And whereas the Corporation require to raise moneys for the purposes of this Act and it is expedient that the Corporation be authorised to raise moneys for the same in manner by this Act provided: And whereas the objects of this Act cannot be attained without: the authority of Parliament: And whereas a plan and a book of reference containing the names of the owners or reputed owners and of the occupiers of the lands required or which may be taken for the pm-poses or under the powers of this Act were duly deposited with the clerk of the peace for the county palatine of Lancaster and are in this Act respectively referred to as the deposited plan and book of reference: And whereas an absolute majority of the whole number of the council at a meeting held on the nineteenth day of December one thousand eight hundred and eighty-nine after ten clear days notice by public advertisement of such meeting and of the purpose thereof in the Warrington Examiner a local newspaper published and circulating in the borough such notice being hi 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 borough fund and borough rate : And whereas such resolution was published twice in the said "Warrington Examiner and has received the approval of the Local Government Board and of the Secretary of State for the Home Department as regards matters within their respective departments: 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 similar notice on the twenty-third day of April one thousand eight hundred and ninety being no less than fourteen days after the deposit of the Bill for this Act in Parliament: And whereas the owners and ratepayers of the borough 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 Your 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): A 2 3-- [Ch. CCXXXVi.] Warrington Extension and [53 & 51 Vici.] A.D. 1890. Water Act, 1890. Pakt I. Prelimi- PAIIT LPRELIMINARY. nary. r 1. This Act may be cited for all purposes as the "Warrington Short title. Extension an(i Water A(jt 1890 Commence- 2. This Act except as otherwise expressly provided shall comment of Act. mence and take effcct on t],0 thirtieth day of October one thousand eight Imndred and ninety and that date is in this Act referred to as the commencement of this Act. Act divided 3# This Act is divided into parts as follows : into parts. part L_preliminary. Part II.Extension of borough. Part III.Purchase of waterworks. Part IV.Lands. Part V.Rates and borrowing. Part VI.Miscellaneous. Incorpora- 4. The Lands Clauses Acts except so far as any of their provision of Lands sjons mEy|)0 expressly varied by or inconsistent with any of the ' provisions of this Act are hereby incorporated with this Act. Interpreta- 5. In this Act the following words and expressions have the tl0n" meanings hereby assigned to them unless there be something in the subject or context repugnant to such construction (that is to say) : "The existing borough" means the municipal borough of Warrington as existing immediately before the commencement of this Act: " The added part of the borough " or " the added area " means the area added to the existing borough by this Act: " The borough " or " the extended borough " means the existing borough together Avith the added area: " The Corporation " means the mayor aldermen and burgesses of the existing borough or of the extended borough as the case may require: " The council" means the council of the existing borough or of the extended borough as the case may require : " Town clerk " " treasurer " " surveyor " mean respectively the town clerk the treasurer and the surveyor of the borough : "The borough fund" "the borough rate" "the improvement rate " and " the general sewers rate " mean respectively the borough fund borough rate improvement rate and general sewers rate of the borough : " The county council" means the county council of the county palatine of Lancaster: 4 [53 & 54 Vict.] Warrington Extension and [Ch. CCXXXVi.] Water Act, 1890. " The directors " means the directors of the company: A.D. 1890. " The undertaking " means the undertaking of the company: Part~I. 11 The water revenue of the Corporation " after the acquisition of Prelimi-the undertaking by the Corporation means all moneys (other narV' than borrowed moneys) received for or in relation to a supply of water or the hire or use of water meters fittings or other apparatus connected with the supply of water or the income arising from any lands or other property held by the Corporation in connexion with their water undertaking or otherwise in relation to the waterworks of the Corporation: " Annuities " or " annuity " m^ans respectively the Warrington Corporation Redeemable "Water Annuities created under the provisions of Part III. of this Act: " Annuitants " or " annuitant" means any person entitled to any such annuities or annuity...

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