Number 25 of 1939.
WATERFORD CITY MANAGEMENT ACT, 1939.
ARRANGEMENT OF SECTIONS
Section | |
Appointment by the Corporation of members of certain public bodies. | |
Attendance, etc., of the manager at meetings of the Council. | |
Proportionate reductions of valuation.
Acts Referred to | |
No. 29 of 1930 | |
No. 5 of 1925 | |
No. 39 of 1926 | |
No. 18 of 1926 | |
No. 4 of 1928 | |
No. 55 of 1936 | |
Number 25 of 1939.
WATERFORD CITY MANAGEMENT ACT, 1939.
Definitions.
1.—In this Act—
the expression “the Minister” means the Minister for Local Government and Public Health;
the word “prescribed” means prescribed by regulations made by the Minister under this Act;
the expression “the City” means the county borough of Waterford;
the expression “the Corporation” means the Mayor, Aldermen and Burgesses of Waterford;
the expression “the Council” means the Waterford City Council established by this Act;
the expression “the manager” means the Waterford City Manager and Town Clerk appointed under this Act;
the expression “the Mayor” means the Mayor of Waterford;
the expression “the municipal fund” means the fund out of which the costs and expenses of the Corporation are to be defrayed under this Act;
the expression “the municipal rate” means the rate to be raised by the Corporation under this Act for the purpose of supplying any deficiency in the municipal fund;
the expression “city election” means an election of members of the Council held in pursuance of this Act;
the expression “the day of election” means the day fixed under this Act to be the day of election for the purposes of this Act;
the expression “the appointed day” means the day appointed under this Act to be the appointed day for the purposes of this Act.
Vesting of powers and property in the Corporation.
2.—(1) On the appointed day the functions, powers, and duties of the council of the county borough of Waterford shall be transferred by virtue of this section to the Corporation and become and be functions, powers, and duties of the Corporation.
(2) All real and personal property (including choses-in-action) which, immediately before the appointed day, is vested in the council of the county borough of Waterford shall, on the appointed day, be transferred by virtue of this section to and become and be vested in the Corporation.
(3) The law in force at the passing of this Act in relation to the council of county boroughs shall, in so far as it is not inconsistent with this Act, apply to the Corporation, and for that purpose the Corporation shall be deemed to be the council of a county borough.
(4) All and every of the powers, functions, and duties which shall, by or under any Act passed after the passing of this Act, be conferred or imposed on the council of the county borough of Waterford shall, as on and from the date on which such powers, functions, and duties are so conferred or imposed, become and be powers, functions and duties of the Corporation.
(5) Whenever by or under any Act passed after the passing of this Act any powers, functions, or duties are conferred or imposed on the council of a county borough, borough, or urban district, such powers, functions and duties in so far as they relate to the council of the county borough of Waterford, shall, as on and from the date on which they are so conferred or imposed become and be powers, functions, and duties of the Corporation.
(6) All powers, functions, and duties vested by statute in the Mayor in relation to any market, whether as clerk of the markets or otherwise, shall, as on and from the appointed day, become and be powers, functions, and duties of the Corporation.
(7) All and every of the powers, functions, and duties of the Corporation shall be exercised and performed for and on behalf of the Corporation by the Council or the manager (as the case may require) subject to and in accordance with the provisions of this Act.
Dissolution of tuberculosis committee.
3.—On the appointed day the committee of management appointed by the Council of the county borough of Waterford under the Tuberculosis Prevention (Ireland) Acts, 1908 and 1913, shall become and be abolished by virtue of this section and the functions, powers, and duties of the said committee shall become and be transferred to the Corporation.
Establishment of the Council.
4.—(1) There shall be a Waterford City Council to fulfil the functions assigned to it by this Act.
(2) The Council shall consist of fifteen members.
(3) Seven members of the Council shall constitute a quorum.
City elections.
5.—(1) A city election shall be held within three months after the passing of this Act.
(2) After the expiration of two years from the day of election, a city election shall be held in every year in which a triennial election of members of county councils is held.
(3) The Minister shall appoint a person to act as returning officer at the first city election after the passing of this Act.
(4) Sub-section (5) of section 2 of the Local Government (Ireland) Act, 1898, shall not apply in respect of city elections.
(5) The first city election after the passing of this Act shall be held on the day of election, and every subsequent city election shall be held on such day as shall be appointed for the purpose by or under the law for the time being in force in relation to elections of members of councils of county boroughs.
(6) Subject to the provisions of this Act, the law for the time being in force in relation to the election, qualification, disqualification, and tenure of office of members of the council of a county borough shall apply in relation to the election, qualification, disqualification, and tenure of office of members of the Council.
(7) Save as is otherwise provided by this Act, the law for the time being in force in relation to the qualification and disqualification of persons for membership of any committee wholly or partly appointed by the council of a county borough shall apply to the appointment by the Council of persons to be members of any such committee and to such persons when so appointed.
(8) For the purposes of the two next preceding sub-sections, a contract with the Corporation shall be deemed to be a contract with the Council and with every committee and joint committee appointed or partly appointed by the Council, and a contract with any such committee shall be deemed to be also a contract with the Council.
Electoral area.
6.—(1) Unless and until an order under this section comes into force, the following provisions shall apply and have effect in respect of city elections, that is to say:—
(a) there shall be one electoral area consisting of the area of the city and such electoral area shall be a borough electoral area for the purposes of the Local Government (Ireland) Act, 1919, and
(b) the first five members of the Council elected shall be aldermen and all other members of the Council shall be councillors.
(2) The Council may, in pursuance of a resolution passed by the Council and for the passing of which not less than two-thirds of the members of the Council voted, apply to the Minister for an order dividing the city into two or more electoral areas.
(3) On receiving an application for an order under this section, the Minister may, as he thinks proper, either refuse such application or make such order.
(4) An order under this section shall—
(a) appoint in such manner as most nearly secures equal representation on the basis of population—
(i) the number of members of the Council to be elected at a city election for each of the electoral areas created by such order, and
(ii) the number of members of the Council elected at a city election in each of such areas who shall be aldermen, and
(b) declare that every member of the Council who is not, in accordance with such order, an alderman shall be a councillor.
(5) Every electoral area created by an order under this section shall be a borough electoral area for the purposes of the Local Government (Ireland) Act, 1919.
(6) An order under this section shall have the force of law in accordance with the terms thereof.
Casual vacancies in the Council.
7.—(1) Whenever a vacancy (in this Act referred to as a casual vacancy) shall occur in the membership of the Council by reason of the death, resignation, disqualification, or non-acceptance of office of a member thereof, such vacancy shall be filled by the Council after due notice at the next meeting of the Council after the expiration of one month from the occurrence of such vacancy or as soon after that meeting as circumstances will permit.
(2) Every person who is elected by the Council to fill a casual vacancy shall, unless he sooner dies, resigns, or becomes disqualified or he refuses to accept office, hold office as a member of the Council for the residue then unexpired of the term for which the member whose death, resignation, disqualification, or non-acceptance of office occasioned the vacancy would have held office if he had not died, resigned, become disqualified, or refused to accept office.
Meetings of the Council.
8.—(1) The first meeting of the Council shall be a quarterly meeting and shall be held at noon on the appointed day in the City Hall, Waterford, and if for any reason such meeting is not so held such meeting shall be held at such time, on such day (as soon as conveniently may be after the appointed day), and at such place as shall be appointed for the purpose by the Minister.
(2) Until the Mayor has been elected and has made the declaration accepting office which is required by law, the manager shall be the chairman at the first meeting of the Council but shall not thereby be entitled to vote on any question which is to be decided at such meeting by a vote of the members.
(3) At the first meeting of the Council the business to be transacted shall be such business as the Council is required by or under this Act or otherwise by law to transact at such meeting, and also any other business arising under this Act which, in the opinion of the Council, it is necessary or desirable to transact at such meeting, and no notice, whether by notice of motion or otherwise, shall be required for the transaction of any such business.
(4) Every act, which by virtue of an enactment in force on the appointed day may be done at a meeting of the Council by a majority of the members present at such meeting, may be done by a majority of those members present at such meeting who vote for or against the doing of such act.
(5) Every question which may lawfully be decided at a meeting of the Council may be decided by a majority of those members present at such meeting who vote in relation to such question.
(6) Subject to the provisions of this section, the law for the time being in force in relation to the holding of quarterly meetings and other meetings of the council of a county borough and to the meetings so held and to things done and to be done and the procedure generally at such meetings shall apply to the holding of quarterly meetings and other meetings of the Council and to the meetings so held and to things done and to be done and the procedure generally at such meetings.
Election and tenure of office of Mayor.
9.—(1) The Council shall, at their first meeting and at the quarterly meeting held next after every 22nd day of June, elect one of their members to be the Mayor.
(2) At an election of the mayor the following provisions shall apply and have effect, that is to say:—
(a) the proceedings shall begin by the candidate or candidates being proposed and seconded and no person who is not then proposed and seconded shall be eligible as a candidate;
(b) where there are more than two candidates duly proposed and seconded, a poll shall be taken;
(c) if at such poll a majority of the members of the Council present vote for any particular candidate, such candidate shall be elected to be the mayor;
(d) if at such poll no candidate receives the votes of a majority of the members of the Council present, the candidate receiving the least number of votes shall be eliminated and, subject to the provisions of the next following paragraph of this sub-section, a further poll shall be held among the remaining candidates;
(e) where there are only two candidates or where, as a result of one or more polls taken under the foregoing paragraphs of this sub-section, all the candidates except two have been eliminated, the question as to which of such two candidates shall be elected to be the mayor shall be put to the Council and whichever of such candidates receives the greater number of votes on such question shall be elected to be the mayor;
(f) if from an equality of votes given to two or more candidates any question arises under this sub-section as to which of such candidates is to be eliminated or as to which of such candidates is to be elected, such question shall be decided by lot and accordingly, in respect of every such case, the provisions of section 83 of the Municipal Corporations (Ireland) Act, 1840, relating to an equality of votes at the election of a mayor shall not apply.
(3) The Mayor shall continue in office (subject to his death, resignation or disqualification) until his successor shall have been elected at the next quarterly meeting of the Council at which a Mayor is to be elected by the Council and such successor shall have made the declaration accepting office which is required by law.
(4) Subject to the provisions of this Act, the law for the time being in force in relation to the election, tenure of office, powers, duties, privileges, and remuneration of a mayor of a county borough shall apply to the election, tenure of office, powers, duties, privileges, and remuneration of the Mayor.
Appointment by the Corporation of members of certain public bodies.
10.—(1) So much of any statute or of any instrument made under any statute as requires that a person elected or nominated to be a member of any body by the council of a county borough or in particular by the council of the county borough of Waterford shall be an alderman or councillor of the council by whom he is elected or nominated shall not apply in respect of any person elected or nominated on or after the appointed day by the Council to be a member of such body, and in lieu thereof it is hereby enacted that any person who is on or after the appointed day elected or nominated by the Council to be a member of such body and who but for this section would be required to be a member of the Council or of the council of the county borough of Waterford shall be such person willing to act, whether a member or not a member of the Council, as the Council considers to be best fitted, by reason of his special knowledge or practical experience of the matters administered by such body, for membership thereof.
(2) Nothing in the foregoing sub-section shall operate to render unnecessary—
(a) the possession by any person who is on or after the appointed day elected or nominated by the Council to be a member of any body of any special qualification (other than membership of the Council or the council of the county borough of Waterford) which such person is required by law to possess, or
(b) compliance with the requirements of sub-section (2) of section 9 of the Local Government (Ireland) Act, 1898, so far as the said sub-section (2) as adapted, amended, or applied by or under subsequent enactments relates to membership of the joint committee of management of the Waterford District Mental Hospital, or
(c) compliance with the requirements of sub-section (1) of section 8 of the Vocational Education Act, 1930 (No. 29 of 1930), so far as the said sub-section (1) relates to membership of the City of Waterford Vocational Education Committee.
(3) The manager, notwithstanding that he is not a member of the Council, shall be qualified and may with his consent be appointed by the Council to be a member of the joint committee of management of the Waterford District Mental Hospital or of the public body for the time being entrusted with the relief of the poor in the City or a member both of such committee and such body, in the same manner as if he were a member of the Council, and for the purpose of such appointment the office of the manager shall be deemed not to be an office of profit within the meaning of Article 12 of the Schedule to the Local Government (Application of Enactments) Order, 1898, or of section 70 of the Local Government Act, 1925 (No. 5 of 1925).
(4) If and when the manager is appointed under this section to be a member of the joint committee of management of the Waterford District Mental Hospital the number of members of the said committee who are required by law to be members of the Council shall be reduced by one.
Reserved functions.
11.—(1) The Council shall directly exercise and perform all and every of the powers, functions, and duties of the Corporation in relation to the following matters, that is to say:—
(a) the making of any rate or the borrowing of any moneys;
(b) the making, amending, or revoking of any bye-law;
(c) the making of any order and the passing of any resolution by virtue of which any enactment is brought into operation in or made to apply to the City and the revoking of any such order and the rescinding of any such resolution;
(d) the application to be made to any authority in respect of the making or revoking of any such order as aforesaid;
(e) the nomination of a person to be a candidate at an election of a person to the office of President of Ireland;
(f) the powers conferred by section 3 of the Borough Funds (Ireland) Act, 1888, in relation to the promotion or the opposing of legislation, the prosecution and defence of any such legal proceedings as are mentioned in that section, and the application for those purposes of the public funds and rates under the control of the Corporation;
(g) the appointment or election of any person to be a member of any public body;
(h) parliamentary and local elections;
(i) the admission of persons to the freedom of the City;
(j) subject to the provisions of this Act, the appointment, suspension and removal of the manager and the granting of an allowance or gratuity to the manager on his ceasing to be the manager;
(k) the determination of the amount of the salary and remuneration of the Mayor;
(l) applications to the Minister for a provisional order under this Act extending the boundary of the City;
(m) the disposition (otherwise than by demise for a term not exceeding one year) under the Municipal Corporations (Ireland) Acts, 1840 to 1888, of lands, tenements, and hereditaments belonging to the Corporation;
(n) the appointment of representatives of the Corporation to attend any such conference or meeting as is mentioned in section 2 of the Public Health and Local Government Conferences Act, 1885, and the exercise of the power conferred by that section in relation to the payment of the expenses of the attendance of such representatives at such conferences and meetings;
(o) the doing under an Act passed before this Act of anything which is declared by that Act to be, in the case of the county borough of Dublin, a reserved function within the meaning of the Local Government (Dublin) Act, 1930 (No. 27 of 1930).
(2) The Minister may, subject to the provisions of this section, by order require that the powers, functions and duties of the Corporation in relation to any matter not included in the matters referred to in the foregoing sub-section shall be exercised and performed directly by the Council and upon such order being made the said powers, functions and duties shall, as on and from the date specified in that behalf in such order, be exercised and performed directly by the Council and shall continue so to be exercised and performed while such order remains in force.
(3) The Minister may, subject to the provisions of this section, revoke an order made by him under this section.
(4) The Minister shall not make or revoke an order under this section save upon the application of the Council made to the Minister in pursuance of a resolution passed by the Council and for the (passing of which more than one-half of the members of the Council voted and which was so passed after not less than one month's notice of the intention to propose such resolution had been given in writing by the Manager to every member of the Council.
(5) Upon receipt by him of any such application as aforesaid the Minister, before (as the case may be) making or revoking an order under this section, may, if he thinks fit, hold a local inquiry into any matters which appear to him to be relevant to the purpose of (as the case may be) making or revoking such order.
(6) No order made by the Minister under this section shall extend or apply to any power, function, or duty conferred or imposed on the manager by or under this Act in relation to the officers and servants of the Corporation or the control, supervision, service, remuneration, privileges, or superannuation of such officers and servants or any of them.
(7) In this Act the expression “reserved functions” means the powers, functions and duties of the Corporation which are for the time being required by this section or by an order made under this section to be exercised and performed by the Council directly.
The Waterford City Manager.
12.—(1) On and after the appointed day a person appointed for the purpose by or under this Act, who shall be called and known as the Waterford City Manager and Town Clerk, shall exercise and perform for and on behalf of the Corporation the powers, functions, and duties of the Corporation in relation to the appointment and removal of officers and servants of the Corporation (other than the manager), and shall also exercise and perform all other powers, functions, and duties of the Corporation other than the reserved functions.
(2) For the purposes of every enactment (including enactments passed or made after the passing of this Act) relating either to town clerks of county boroughs in general or to the town clerk of the City in particular, the manager shall, on and after the appointed day, be the town clerk of the City and have, exercise, and perform all the powers, functions and duties for the time being conferred or imposed by any such enactment or otherwise by law on the town clerk of the City.
(3) All fees and emoluments which are payable by or under any statute (whether passed before or after this Act) to town clerks of county boroughs or in particular to the town clerk of the City, and are received by the manager by virtue of his being the Town Clerk of the City, shall be paid by the manager into the municipal fund and be accounted for accordingly.
(4) Every person appointed by or under this Act to be manager shall by virtue of such appointment be an officer of the Corporation.
Appointment of the manager.
13.—(1) The appointment of a person to be the manager shall be made by the Council, and the office of the manager shall be an office to which the Local Authorities (Officers and Employees) Act, 1926 (No. 39 of 1926), applies.
(2) At any time after the passing of this Act and before the first appointment to the office of the manager has been made under the foregoing sub-section of this section, the Minister may, if he considers it expedient for the purpose of carrying this Act into effect, by order nominate a person to act as the manager until the said first appointment has been made, and if and when such nomination is made the person so nominated shall, until the said first appointment has been made, be the manager for all the purposes of this Act except so much of this section as relates to the appointment, tenure of office, and removal of the manager.
(3) The manager shall hold office until he dies, resigns or is removed from office.
(4) Whenever the manager ceases to hold office for any reason, the Minister may by order nominate a person to act as the manager until the vacancy in the office of manager occasioned by such cesser is filled, and if and when such nomination is made the person so nominated shall, until the said vacancy is filled, be the manager for all the purposes of this Act except so much of this section as relates to the appointment, tenure of office, and removal of the manager.
(5) The manager shall not be removed from office without the sanction of the Minister and shall not be either suspended or removed from office by the Council save by a resolution passed by the Council for the purpose of such suspension or such removal (as the case may be) and for the passing of which not less than two-thirds of the members of the Council voted and which was so passed after not less than seven days' notice of the intention to propose such resolution had been given to every member of the Council.
(6) There shall be paid by the Corporation to the manager such remuneration as the Minister shall from time to time determine.
(7) The manager may do all such matters and things, including the making of contracts for and on behalf of the Corporation and the affixing of the official seal of the Corporation to documents, as may be necessary for or incidental to the exercise or performance of any of the powers, functions and duties of the Corporation which are by this Act required to be exercised or performed by the manager.
(8) The manager shall not affix the official seal of the Corporation to any documents save in the presence of the Mayor or, in case of a vacancy in the office of Mayor or of illness or absence of the Mayor, of a member of the Council appointed by the Council to act in that behalf.
Reception and examination of tenders.
14.—(1) The Council may, if and whenever it thinks fit, make regulations prescribing the procedure to be followed in regard to the reception and examination of all or any particular class or classes of tenders for the supply of goods, the execution of works, or any other thing for which the Corporation may lawfully have invited the submission of tenders.
(2) All regulations made under this section shall be subject to the approval of the Minister and no such regulation shall be of any force or effect unless or until it has been so approved.
(3) Whenever and so long as any regulations made under this section are in force, all tenders to which such regulations apply shall be received and examined in accordance with the procedure prescribed by such regulations.
Furnishing of information to the Mayor and the Council.
15.—(1) The manager shall, whenever requested by the Mayor or the Council so to do, afford to the Mayor or the Council (as the case may require) all such information as may be in the possession or procurement of the manager in regard to any act, matter or thing appertaining to or concerning any business or transaction of the Corporation which is mentioned in such request.
(2) At the beginning of every month the manager shall cause to be prepared and shall furnish to every member of the Council a statement showing as nearly as may be the actual financial position of the Corporation at the end of the previous month.
Manager to advise the Council.
16.—(1) It shall be the duty of the manager to advise and assist the Council generally in regard to the exercise or performance by them of the reserved functions and in particular in regard to any matter or thing in relation to the exercise or performance by the Council of the reserved functions on or in respect of which the council requests the advice or assistance of the manager.
(2) It shall be the duty of the manager to carry into effect all lawful orders of the Council in relation to the exercise and performance of the reserved functions.
Preparation of plans, etc., by the manager for the Council.
17.—The Council may at any time by resolution require the manager to prepare and submit to the Council plans and specifications for the execution of any particular work specified in such resolution which can lawfully be executed by the Corporation, together with an estimate of the probable cost of the execution of such work, and whenever the Council passes any such resolution the manager shall, as soon as conveniently may be, prepare and submit to the Council plans and specifications and an estimate in accordance with such resolution.
Attendance, etc., of manager at meetings of the Council.
18.—(1) The manager shall have the right to attend meetings of the Council and to take part in discussions at such meetings as if he were a member of the Council, but he shall not be entitled to vote on any question which is to be decided by a vote of the members of the Council.
(2) The manager shall attend any meeting of the Council or of any committee of the Council at which he is requested by the Council to attend, and shall at such meeting give to the Council or such committee (as the case may be) such advice and assistance as shall reasonably be required of him by the Council or such committee, and for that purpose the manager shall arrange for the attendance at such meeting of such of the officers of the Corporation as may be necessary, having regard to the business to be transacted at such meeting.
Requisition by Council that a particular thing be done.
19.—(1) The Council, at a meeting specially summoned for the purpose under this section, may by resolution proposed and passed in accordance with this section require any particular act, matter, or thing specifically mentioned in such resolution and which the Corporation or the manager can lawfully do, to be done in relation to any of the powers, functions, and duties of the Corporation which are not for the time being reserved functions.
(2) Notice of the intention to propose any such resolution as is authorised by the foregoing sub-section of this section shall be given in writing to the manager and shall be signed by not less than seven members of the Council and shall contain a copy of such resolution and shall specify a day (not less than seven nor more than fourteen days after the day on which such notice is received by the manager) for the holding of the meeting of the Council at which such resolution is to be proposed and considered.
(3) Whenever the manager receives any such notice as is mentioned in the foregoing sub-section of this section, he shall as soon as possible send a copy of such notice to every member of the Council and shall summon a special meeting of the Council for the date specified in that behalf in such notice at the usual hour for meetings of the Council.
(4) When a resolution of which notice has been given under this section has been proposed at the meeting of the Council summoned for the purpose under this section, the Council and the manager shall consider such resolution and if after such consideration the Council pass such resolution and the number of members voting for such resolution exceeds either half the total membership of the Council, or two-thirds of the members present and voting, the manager shall, if and when and so far as money for the purpose is or has been provided, do in accordance with such resolution the act, matter, or thing which is required by such resolution to be done.
(5) A resolution passed under this section shall not be so expressed as to apply or extend—
(a) to the exercise or performance of any power, function, or duty of the Corporation generally or to every case or occasion of the exercise or performance of any such power, function, or duty or to a number or class of such cases or occasions so extended as to be substantially or in effect every case or occasion on which such power, function, or duty is exercised or performed, nor
(b) to the exercise or performance of any power, or duty conferred or imposed on the manager by or under this Act in relation to the officers or servants of the Corporation or the control, supervision, service, remuneration, privileges, or superannuation of such officers or servants or any of them.
Any resolution purporting to be passed by the Council under this section which contravenes this sub-section shall be void and of no effect.
(6) In the event of any dispute arising between the Council and the manager as to whether or not any resolution passed by the Council under this section contravenes the provisions of sub-section (5) hereof, the matter shall be referred for decision to the Minister.
Control, etc., of officers and servants of the Corporation.
20.—(1) The officers and servants of the Corporation shall perform their duties as such officers and servants in accordance with such directions as the manager may from time to time give either generally or in regard to the performance of any particular duty or any particular class or classes of duties or in regard to the performance of any such duty by any particular officer or servant of the Corporation, and the manager shall have and exercise control and full supervision of and over such officers and servants and any and every act or thing done or to be done by them in their capacity as officers and servants of the Corporation.
(2) Subject to any regulations made by the Minister under any Act and for the time being in force in relation to the service, remuneration, privileges, or superannuation (as the case may be) of the officers and servants of a local authority, the manager shall consider and decide all such questions as may from time to time arise in relation to the service, remuneration, privileges, and superannuation of the officers and servants of the Corporation.
Acting of the manager by signed order.
21.—(1) Every act or thing done or decision taken by the manager which, if done or taken by the council of a county borough, would be required by law to be done or taken by resolution of such council, shall be done or taken by the manager by an order in writing signed by him and containing a statement of the time at which it was so signed.
(2) Where by or under any Act public notice is required to be given by the council of a county borough, of the passing of the resolution by which any particular act or thing is done or any particular decision is taken by such council or before the holding of the meeting of any such council at which is passed the resolution by which any particular act or thing is done or any particular decision is taken by such council, the like public notice shall be given by the manager before he makes the order by which he does such particular act or thing or takes such particular decision.
(3) Every order made by the manager under this section shall for all purposes be deemed to be made at the time at which it is signed by the manager, and every such order shall, until the contrary is proved, be deemed to have been so signed at the time stated in that behalf in such order.
(4) The manager shall keep a register in which shall be entered a copy of every order made by him under this section and the manager shall, at every meeting of the Council, produce for the inspection of the members of the Council so much of such register as contains any such orders made since the next previous meeting of the Council.
(5) Every document purporting to be an order made and signed by the manager shall, without proof of the signature of the person purporting to sign such document or that such person was the manager, be received in evidence and shall, until the contrary is proved, be deemed to be an order duly made and signed by the manager under this section and to have been so signed at the time stated in that behalf therein.
(6) Every document purporting to be certified in writing by the manager to be a true copy of an order made by the manager under this section shall, without proof of the signature of the person purporting so to certify or that such person was the manager, be received in evidence and shall, until the contrary is proved, be deemed to be evidence of the contents of the order of which it purports to be a copy and of the fact that such order was duly made and signed by the manager under this section at the time stated in that behalf therein.
Authorisation of payments.
22.—(1) The manager may by order signed by him and countersigned by the borough treasurer authorise the making of any payment out of the funds of the Corporation in respect of any expense or on account of any liability incurred by the Council or the manager on behalf of the Corporation in the exercise or the performance by the Council or the manager (as the case may be) of any of the powers, functions or duties of the Corporation which are exercisable or performable by them or him respectively under this Act.
(2) The Council may at any time by resolution direct that every order made under the foregoing sub-section of this section shall, during such period as is specified in such resolution, be submitted to the Mayor or to some other member of the Council nominated from time to time for the purpose by the Council for his signature.
(3) The Council may at any time by resolution revoke a direction given under the foregoing sub-section of this section and for the time being in force.
(4) If and whenever the Council gives any such direction as is hereinbefore mentioned, then, while such direction remains in force, the signature of the Mayor or of the member, of the Council nominated for the purpose (as the case may require) shall be necessary on every such order as is mentioned in the first sub-section of this section in addition to the signature and counter-signature mentioned in that sub-section, but the Mayor or such member of the Council (as the case may be) shall not by reason of the fact of his signature being on any such order incur any liability to which he would not have been liable if such direction as aforesaid had not been given.
The municipal fund.
23.—(1) On and after the appointed day all the expenses incurred by the Corporation in the exercise and performance of their powers and duties (including the expenses of discharging liabilities existing on the appointed day) shall be defrayed out of a fund to be established by the Corporation and called “the municipal fund.”
(2) Every fund which, immediately before the passing of this Act, is maintained out of the produce of any of the rates abolished by this Act shall on the appointed day cease to be so maintained, and on that day the moneys (if any) standing to the credit of any such fund shall be paid into the municipal fund, and every liability due by any such fund shall be defrayed out of the municipal fund.
(3) On and after the appointed day all sums received by the Corporation whether from rates or from sources other than rates, shall be paid to the borough treasurer of the Corporation and, save as is hereinafter otherwise provided, the receipt alone of the borough treasurer shall be a good discharge to the person paying the same, and all such sums shall be paid by the treasurer into the municipal fund.
(4) Notwithstanding anything contained in the foregoing sub-section of this section, the receipt of a collector of rates or of a person duly authorised by the Corporation to receive payments of any other particular class shall be a good discharge to a person making a payment (as the case may be) of rates to such collector or of such other particular class to such person, but in every such case it shall be the duty of such collector or person forthwith to pay the amount of such payment to the borough treasurer.
(5) No payments, except such payments as are duly authorised in accordance with this Act, shall be made out of the municipal fund and every payment so authorised shall be made by the borough treasurer.
(6) No part of the municipal fund or of any money under the control of the Corporation shall be applied for any purpose not authorised by this or any other Act or, in the case of money derived from trust funds, by the trusts affecting those funds.
(7) Every sinking fund or other fund to meet a future or prospective liability which the Corporation is required by or under any statute in force immediately before the passing of this Act to maintain shall be maintained out of the municipal fund and nothing in this section shall relieve the Corporation from the obligation so to maintain every such fund.
The municipal rate.
24.—(1) Save as in this Act otherwise provided, all rates (in this Act referred to as rates abolished by this Act) which, immediately before the 1st day of April, 1940, are leviable in the City shall, on the said 1st day of April, 1940, cease to be leviable, but such cesser shall not prevent, prejudice, or affect the collection or recovery on or after that date of any portion of any such rate which immediately before that date remains due and unpaid.
(2) The Corporation shall from time to time make, assess, and levy, in accordance with this Act, such rate (to be called and in this Act referred to as “the municipal rate”) as may be necessary for the purpose of supplying any deficiency (whether existing or prospective) in the municipal fund.
(3) Subject to the provisions of this Act, the law for the time being in force in relation to the making, assessment, levying, collection, and recovery of the poor rate shall apply respectively to the making, assessment, levying, collection, and recovery of the municipal rate by the Corporation.
(4) Notwithstanding anything contained in section 3 of the Enforcement of Court Orders Act, 1926 (No. 18 of 1926), execution orders within the meaning of that Act in proceedings in the District Court for the recovery of moneys due in respect of the municipal rate shall, if the Court on the application of the person by whom such proceedings are brought so directs, be executed by such person.
(5) Sub-section (7) of section 51 of the Local Government (Ireland) Act, 1898, shall not apply or have effect in relation to any debt, claim, or demand which is directly or indirectly payable out of the municipal rate.
(6) Every demand note for municipal rate shall show separately on the front or the back thereof the portion of the rate in the pound of the said rate which is raised for any purpose in respect of which the Minister or the Council shall direct that the same shall be so shown separately.
Adjustment of rent in certain cases.
25.—(1) Where a tenement or hereditament situate in the City is held (whether together with or without other premises) under a lease which binds the lessor to pay or allow a deduction or set off against or indemnify the lessee against or otherwise to relieve the lessee from any rates (other than poor rate) payable in respect of such tenement of hereditament, all rent payable under such lease in respect of a period commencing on or after the 1st day of April, 1940, shall be reduced—
(a) in the case of an annual rent, by an amount equal to the amount of the rates (other than poor rate) in respect of such tenement or hereditament for the local financial year commencing on the 1st day of April, 1939, to which the relief afforded to the lessee by such lease lawfully extended, and
(b) in the case of any rent other than an annual rent, by an amount which bears to the rates (other than poor rate) in respect of such tenement or hereditament for the local financial year commencing on the 1st day of April, 1939, to which the relief afforded to the lessee by such lease lawfully extended the same proportion as the period by reference to which such rent is calculated bears to one year.
(2) In this section the word “lease” includes any contract of tenancy, whether in writing or verbal, whereby the relation of landlord and tenant is created, and the words “lessor” and “lessee” respectively include the landlord of and the tenant under such tenancy.
Contract water rate.
26.—The provisions of this Act abolishing certain rates shall not extend or apply to charges (commonly called contract water rates) made for the supply of water to particular hereditaments or tenements for the purposes other than domestic purposes or to the supply of water under special contract to any person not otherwise entitled to such supply, and such charges shall, in the construction of this Act, not be included in the expression “rates abolished by this Act.”
Rating of certain classes of property.
27.—(1) For the purpose of the assessment and levying of the municipal rate on any hereditament or tenement mentioned or included in a class mentioned in the second column of the Schedule to this Act, the valuation of such tenement or hereditament shall be deemed to be reduced to the proportion, specified in the first column of the said Schedule in respect of such hereditament or tenement or such class (as the case may be), of the actual valuation under the Valuation Acts of such hereditament or tenement.
(2) Every hereditament or tenement mentioned or included in a class mentioned in the second column of the Schedule to this Act shall, for the purpose of assessment to and liability for the municipal rate, be deemed to be excluded from and disentitled to every and any exemption or relief from poor rate which is given by law otherwise than by reduction or control of the valuation on which poor rate is assessed, but such exclusion shall not operate to exempt from rateability to the municipal rate any half-rent which would be rateable to the poor rate if this Act had not been passed.
(3) Nothing in this section shall apply to or operate to reduce the annual value with reference to which the tax in respect of any hereditament or tenement under Schedules A and B of the Income Tax Act, 1918, is to be ascertained.
Rates on vacant premises.
28.—(1) Where a hereditament or tenement which is not a small dwelling within the meaning of the Local Government (Rates on Small Dwellings) Act, 1928 (No. 4 of 1928) is unoccupied at the making of the municipal rate, that rate shall be made upon the person (hereinafter referred to as the owner) who is for the time being entitled to occupy such hereditament or tenement, and upon such rate being paid by such owner, such owner shall be entitled to claim and receive from the Corporation a refund of one-twelfth of such rate in respect of every completed month (reckoned from any day of one month to the corresponding day of the next month) during which such hereditament or tenement is unoccupied either for the purpose of the execution of additions, alterations, or repairs thereto or because such owner is bona fide unable to obtain a suitable tenant therefor, in the case of a hereditament or tenement to which the Increase of Rent and Mortgage Interest (Restrictions) Acts, 1923 to 1930 for the time being apply, at the maximum rent for the time being permitted under those Acts or, in the case of any other hereditament or tenement, at a reasonable rent.
(2) When a rate is made by virtue of this section on the owner of an unoccupied hereditament or tenement and such hereditament or tenement is subsequently let by or on behalf of such owner and such rate or any part thereof is in arrear and unpaid, the rate collector by whom such rate is collectable may, in addition and without prejudice to any other remedy for the recovery of the amount of such rate so in arrear and unpaid, serve either personally or by post on the occupier of such hereditament or tenement a notice stating the said amount so in arrear and unpaid and requiring such occupier to pay to such rate collector or his successor in office all rent then due or thereafter to become due by him in respect of the said hereditament or tenement until the said amount is by such payment or otherwise discharged, and, upon such notice being so served, such rate collector or his successor in office shall have the exclusive right to recover, receive, and give a good discharge for all rent required by such notice to be paid to him.
(3) A rate made by virtue of this section on the owner of an unoccupied hereditament or tenement shall not be invalidated by any error or defect in the statement of the name of such owner or-by the use of the description “the owner” without any name or addition, and every such rate shall be recoverable from such owner notwithstanding such error or defect or the use of such description.
Amendment of the municipal rate.
29.—(1) The manager may from time to time amend any rate or assessment in the municipal rate book by inserting therein the name of any person who ought to have been rated or by striking out the name of any person who ought not to have been rated or by raising or reducing the sum at which a person has been rated or by making such other amendment therein as will make such rate or assessment conformable to the provisions of this Act in regard to the making of the municipal rate.
(2) Every person aggrieved by any such alteration shall have the same right of appeal therefrom as he would have had if his name had been originally inserted in the said rate or assessment and no such alteration had been made therein, and as regards such person the rate shall be considered to have been made at the time when he received notice of such amendment.
Payment of existing loans.
30.—Every loan owing by the Corporation which immediately before the appointed day is charged upon any of the rates abolished by this Act or upon any fund maintained out of the produce of any such rate shall, on and after the appointed day, become and be charged upon the municipal rate or the municipal fund respectively.
Superannuation of employees.
31.—(1) So long as this section is in force, the Corporation shall be a local body empowered by statute to grant to any of its employees, other than officers, an allowance in respect of the loss of his employment within the meaning of section 53 of the Local Government Act, 1925 (No. 5 of 1925), and the said section 53 shall apply to the City accordingly, but with and subject to the modification that the Corporation shall not grant an allowance under that section to any employee whose period of service with the Corporation is less than twenty years.
(2) This section shall continue in force until the expiration of two years from the appointed day, and shall cease to be in force at the expiration of the said period of two years or, if the said period is extended under the next following sub-section of this section, at the expiration of the last of such extensions.
(3) The Minister, on the application of the Corporation may by order extend the said period of two years mentioned in the next preceding sub-section of this section by adding thereto such further period as he shall think proper.
Decoration of the City.
32.—(1) The Council, by resolution passed under this section and for the passing of which not less than two thirds of the members of the Council shall have voted, may authorise the expenditure by the Corporation of moneys on the decoration of the City for occasions of public rejoicing or for other appropriate occasions.
(2) Every resolution passed under this section shall specify the occasion for which the decoration of the City wholly or partly at the expense of the Corporation is to be authorised by such resolution and the amount which is to be expended by the Corporation on such decoration.
(3) Subject to the provisions of the next following sub-section the Corporation may expend moneys out of the municipal fund in accordance with and in so far as authorised by a resolution passed under this section but not otherwise.
(4) The aggregate amount of the expenditure of the Corporation for the purposes of this section in any local financial year shall not exceed a sum equivalent to a rate of one penny in the pound of the rateable valuation of the City.
Estimate of expenses and rates meeting.
33.—(1) The manager shall cause to be prepared in each local financial year at the prescribed time and in the prescribed form an estimate (in this section referred to as the estimate of expenses) showing the amounts which in his opinion will be necessary to meet the expenses and provide for the requirements of the Corporation during the local financial year then next ensuing.
(2) The estimate of expenses prepared in each year under this section shall be considered by the Council at a meeting thereof (in this section referred to as the rates meeting) at which the manager shall be present and which shall be held at the time prescribed by the Minister either generally or in regard to any particular year and of which not less than twenty-one days' notice in the prescribed form shall have been given to every member of the Council.
(3) Not less than twenty-one days before the day on which a rates meeting is to be held, the manager shall send to· every member of the Council and shall deposit in the offices of the Corporation a copy of the estimate of expenses required by this section to be considered by the Council at such meeting, and the manager shall at the same time give notice in the prescribed manner and form of the fact that such estimate of expenses has been made and that a copy thereof has been so deposited.
(4) The copy of the estimate of expenses deposited under this section in the offices of the Corporation may be inspected free of charge by any member of the public at any time at which such offices are open for the transaction of official business, and the manager shall supply to every person making application to him therefor a copy of such estimate of expenses at the price of one shilling per copy.
(5) At a rates meeting or any adjournment thereof under this section the Council may (subject to the subsequent provisions of this section) amend whether by addition, omission, or variation the estimate of expenses required by this section to be considered by them at such meeting, and the Council shall by resolution passed at such meeting or any such adjournment thereof adopt such estimate of expenses either with or without amendment and shall by the same or any subsequent resolution passed by them at such meeting or such adjournment thereof determine in accordance with such estimate as so adopted the rates in the pound to be levied for the several purposes specified in such estimate.
(6) Whenever at a rates meeting an amendment of the estimate of expenses considered at such meeting is proposed and the manager is of opinion that such amendment, if made, would seriously prejudice the efficient or economic performance of the duties of the Council, the manager shall at such meeting state his objection to such amendment and his reasons therefor, and thereupon the Council shall consider such objection and shall either decide at such meeting not to make such amendment or shall adjourn the further consideration of such amendment.
(7) When the further consideration of an amendment of an estimate of expenses is adjourned under the foregoing sub-section of this section, the rates meeting shall, after all business which can lawfully and conveniently be transacted thereat without adjournment is disposed of, be adjourned for not less than fourteen days and at such adjourned meeting the amendment or amendments which occasioned the adjournment (with or without any modification thereof) but no other amendment of the said estimate of expenses shall be considered and decided upon and the business of the rates meeting shall be completed.
Deputy Manager.
34.—(1) If and whenever the manager is on vacation or is through illness, absence from the City, or suspension from performance of his duties, temporarily incapable of exercising the powers and functions and performing the duties conferred and imposed on him by this Act, a deputy manager may be appointed under this section for the duration of such vacation or incapacity but may with the consent of the Minister be removed under this section at any time during such vacation or incapacity.
(2) Where the manager is on vacation and also where the manager is so incapable as aforesaid and such incapacity is due to absence from the City, the power of appointing the deputy manager under this section may be exercised by the manager, after consultation with the Mayor before and in contemplation of such vacation or such incapacity (as the case may be), but in every other case, that is to say, where the manager is so incapable as aforesaid owing to illness or suspension and also where the manager is on vacation or is so incapable as aforesaid owing to absence from the City and a deputy manager is not appointed under this section before such vacation or incapacity or having been so appointed is removed under this section during such vacation or incapacity, the power of appointing the deputy manager under this section shall be exercisable at any time during such vacation or incapacity by the Mayor only.
(3) In every case the power of removing the deputy manager under this section shall be exercisable by the Mayor only.
(4) The deputy manager shall, during the continuance of the vacation or incapacity on account of which he is appointed or until he is sooner removed under this section, have all the powers and shall exercise and perform all the functions and duties of the manager and for that purpose all references in this Act to the manager (other than the references to the manager in this section and the references in this Act to the appointment, tenure of office and remuneration of the manager) shall be construed as including the deputy manager.
(5) There shall be paid by the Corporation to the deputy manager such remuneration (if any) as the Council with the approval of the Minister shall determine.
Constitution of Joint Mental Hospital Committee.
35.—Notwithstanding anything contained in sub-section (7) of section 9 of the Local Government (Ireland) Act, 1898, as amended by section 77 of the Local Government Act, 1925 (No. 5 of 1925), the representation of the Corporation on the Joint Committee of the Management of the Waterford District Mental Hospital shall until after the holding of the second city election after the passing of this Act, be the representation last-determined under the said sub-section (7) as so amended before the passing of this Act.
Future extension of the City.
36.—(1) At any time after the 1st day of April, 1940, the Corporation may apply to the Minister for a provisional order under this section so extending the boundary of the city as to include in the City any specified portion of the County of Waterford or of the County of Kilkenny.
(2) Whenever the Minister receives an application by the Corporation under this section, he may, after holding a local inquiry in respect of the extension to which such application relates and after considering any representations made to him by the council of the county or either of the counties to any portion of which such application relates, either make a provisional order giving effect to the extension to which such application relates without modification or with such modifications (whether by way of increase or diminution) as he shall think proper or refuse such application.
(3) A provisional order under this section shall not have any effect unless or until it is confirmed by any Act of the Oireachtas, but if and when so confirmed it shall have effect according to the terms thereof.
(4) A provisional order under this section may contain—
(a) provisions in relation to the transfer thereby effected of any area from the County of Waterford or the County of Kilkenny to the City similar to or to the same effect as the provisions contained in the Local Government (Dublin) Act, 1930 (No. 27 of 1930), relating to or rendered necessary by the transfer to the county borough of Dublin by that Act of the area therein referred to as the added rural area, and
(b) such provisions as the Minister shall think proper in relation to the adjustment of property, rights, and liabilities and the determination of financial and other matters between the Corporation and the council of any county, the alteration of electoral areas, and any other matter arising in consequence of the extension of the city effected by such order.
Provisions in respect of lands capable of being drained.
37.—(1) If at any time the Corporation are of opinion that any lands within the City are capable of being improved by drainage and that such improvement would increase the amenities of the City, the Corporation may acquire such lands for the purpose of causing such lands to be improved as aforesaid.
(2) Where any lands are acquired by the Corporation under this section, the Corporation shall with all convenient speed cause such lands to be drained in such manner and to such extent as shall seem to the Corporation expedient and may also cause any other work of improvement to be carried out on such lands which in their opinion is required in order that the full advantage of such drainage may be obtained.
(3) Where any lands are acquired by the Corporation under this section, the Corporation with the consent of the Minister, may—
(a) use the whole of such lands for a purpose connected with the powers and duties of the Corporation, or
(b) sell or let the whole of such lands, or
(c) use any portion of such lands for a purpose connected with the powers and duties of the Corporation and sell or let the remainder of such lands.
(4) For the purposes of the acquisition of lands by the Corporation under this section, sections 203, 209, 210, 212, 213, 214 and 215 of the Public Health (Ireland) Act, 1878, as amended by section 8 of the Public Health (Ireland) Act, 1896, section 68 of the Local Government Act, 1925 (No. 5 of 1925), and section 8 of the Local Authorities (Miscellaneous Provisions) Act, 1936 (No. 55 of 1936), shall apply as if those sections as so amended were herein re-enacted and made applicable in relation to every such acquisition.
(5) The Corporation may borrow for the purpose of defraying any expenses incurred or to be incurred by them under this section as if such expenses were expenses incurred or to be incurred under the Public Health Acts, 1878 to 1931.
Legal proceedings.
38.—In every action or other legal proceedings, whether civil or criminal, instituted in any court of law or equity by or against the Corporation the manager shall act for and on behalf of the Corporation and may do all such acts, matters, or things as he may consider necessary for the preparation and prosecution or defence of such action or other proceedings in the same manner in all respects as if (as the case may require) he were the plaintiff or prosecutor or the defendant therein, and where any such action or other proceeding relates to the exercise or the performance by the Council of any of the reserved functions the manager shall in the doing of any such act, matter or thing as aforesaid act with the express authority of the Council, which authority shall be deemed to have been given unless and until the contrary is shown.
Local inquiries.
39.—Whenever the Minister holds a local inquiry in pursuance of a direction or under an authority given by this Act, Article 32 of the Schedule to the Application of Enactments Order, 1898, shall apply in respect of such inquiry in like manner as it applies in respect of the inquiries mentioned in the said Article.
Regulations.
40.—The Minister may by order make regulations prescribing any matter or thing which is referred to in this Act as prescribed or to be prescribed.
The day of election and the appointed day.
41.—(1) The Minister may by order fix a day not being later than three months from the passing of this Act to be the day of election for the purposes of this Act.
(2) The Minister may by order appoint a day subsequent to the day of election, not being later than six months from the passing of this Act to be the appointed day for the purposes of this Act.
Short title.
42.—This Act may be cited as the Waterford City Management Act, 1939.
SCHEDULE.
Proportionate Reductions of Valuation.
Proportion of the Valuation on which Hereditament or Tenement is to be Assessed | Nature of the Hereditament or Tenement |
| Lands used as arable, meadow or pasture ground only or as woodlands or market gardens or nursery grounds or allotments, and all lands covered with water and used as a canal or any towing path to the same. |
| Every half-rent rateable to the poor rate under Section 63 of the Poor Relief (Ireland) Act, 1838, and the enactments amending the same. |
