Flintshire Observer Mining Journal and General Advertiser for the Counties of Flint Denbigh

Board of Trade Session 1914. FLINT GAS AND WATER (Provisional Order). NOTICE is hereby given that the Board cf Trade have under the Gas and Waterworks Facilities Act 1870 made a Provisional Ordejr in the above matter pre- vious to its being introduced into a Con- firmation Bill of which Order the following is a copy — ORDER empowering the Flint Gas and Water Company Limited to construct new Waterworks; to raise additional Capital; and for other purposes. PRELIMINARY. 1.—This Order may be cited as the Flint Gas and Water Order 1914 and this Order and the Flint Gas and Water Order 1876 (in this Order referred to as "the Order of 1876") may be cited together as the Flint Gas and Water Orders 1876 and 1914. 2.-This Order shall come into force and have effect upon the day when the Act con- firming this Order is passed which date is in this Order referred to as "the commence- ment of this Order." 3.—The provisions of the Lands Clauses Acts (other than the provisions with respect to the purchase and taking of lands other- wise than by agreement and the entry upon lands by the Promoters of the undertaking) and of the Waterworks Clauses Acts 1847 and 1863 are except where expressly varied by this Order incorporated with and form part of this Order. 4.—The several words terms and expres- sions to which by any Act in whole or in part incorporated with this Order and by the Gas and Water Works Facilities Act 1870 meanings are assigned have in this Order the same respective meanings and- The expression "the water undertaking" means the water undertaking authorised by the Flint Gas and Water Orders 1876 and 1914. UNDERTAKERS. 5.—The Flint Gas and Water Company Limited shall be the Undertakers for the purposes of this Order and are in this Order referred to as "the Undertakers." LANDS. 6.—In addition to any other lands which the Undertakers are under the Order of 1876 authorised to take or purchase the Undertakers may by agreement but not otherwise purchase take and hold for the purposes of this Order and for the general purposes of the water undertaking any lands net exceeding in the whole ten acres in extent and any easement right or privi- lege (not being an easement right or privi- lege of water in which any persons other than the grantors have an interest) in over or under any lands Provided that the Undertakers shall not upon any such lands create or permit any nuisance or erect or authorise the erection thereon of any houses or similar buildings except offices and dwellings for persons in their employ and except such buildings and works as are required for or in connection with the water undertaking. 7.—Persons empowered by the Lands Clauses Acts to sell and convey or release lands may if they think fit subject to the provisions of those Acts and of this Order grant to the Undertakers any easement right or privilege (not being an easement right or privilege of water in which persons other than the grantors have an interest) required for the purposes of the water undertaking in over or affecting any such lands and the provisions of the said Acts with respect to lands and rent-charges so far as the same are applicable in this behalf shall extend and apply to such grants and to such easements rights and privileges as aforesaid respectively. 8.—The Undertakers may hold any lands acquired by them under the powers of this Order or the Order of 1876 which they may deem necessary for the purpose of protect- ing their waterworks against pollution foul- ing and contamination and so long as such necessity shall continue such lands shall not be deemed to be superfluous lands within the meaning of the Lands Clauses Acts but the Undertakers shall not create or permit ox nuisance on any such lands. WORKS, O.-Subic-ot to the provisions of this Order the Undertakers may in upon or under the lands or in or under the streets roads or highways in upon or under which the same are shown on the deposited plans but as regards such lands only while they are possessed of the same or of any neces- sary rights or easements entitling them so to do make and maintain in the lines and according to the levels shown on the deposi- ted plans and sections the works hereinafter described. The works authorised by this Order are situate in the parish of Northop in the rural district of Holywell and the parishes of Flint and Coleshill Fawr in the borough of Flint all in the county of Flint and are as follows — Work No. 1.—A line or lines of pipes commencing in the mouth of the Halkyn Deep Level in the said parish of Xorthop at a point ten chains or there- abouts measuretl in a north-westerly direction from the eastern corner of the enclosure numbered 723 in the said parish on the 25-inch Ordnance map of the county of Flint (edition 1912 Sheet IX 7) and terminating in the said par- ish of Cole6hill Fawr at the eastern corner of the enclosure numbered 42 in the said last-mentiofted parish on the said Ordnance map (Sheet IX 4) at the Undertakers' existing waterworks: Work No. 2.—A line or lines of pipes situate wholly in the said parish of Flint commencing by a junction with the line or lines of pipes (Work No. 1) at the point of junction of Halkyn Street and Old London Road and ter- minating in Holywell Street at a point I Parliamentary Notice. fifteen chains or thereabouts measured in a north-westerly direction along that street from the point of junction there- with of Evans Street. In addition to the foregoing works the Undertakers may upon any lands in or upon which they are entitled under this Order to construct such works but as regards such lands only if and so long as they are pos- sessed of the same or of the necessary rights or easements entitling them so to do make and maintain all such cuts channels catch- waters tunnels adits pipes conduits culverts drains sluices bye-washes shafts bores water towers overflows waste water channels gauges filter beds tanks banks walls bridges embankments piers approaches engines machinery and appliances as may be neces- sary or convenient in connection with or subsidiary to the before-mentioned works or any of them and telegraphs and telephones necessary or convenient in connection there- with Provided that no telegraphs or tele- phones constructed and maintained under the provisions of this Order shall be used for the transmission of telegrams within the exclusive privilege conferred upon fhe Postmaster-General by the Telegraph Act 1869. Subject to the provisions of this Order the Undertakers may collect impound take use divert and appropriate for the purposes of the water undertaking all such springs streams or waters as may be intercepted by the works by this Order authorised Provided always that it shall not be law- ful for the Undertakers to lay down or con- struct for the purpose of receiving water from the Halkyn Deep Level aforesaid any intake to the line of pipes Work No. 1 aforesaid of a greater internal diameter than nine inches. 10.—In constructing the works authorised by this Order the Undertakers may deviate laterally to any extent within the limits of deviation shown on the deposited plans and where on any road no such limits are shown the boundaries of such road shall be deem- ed to be such limits and they may deviate vertically from the levels shown on the deposited sections to any extent not exceed- ing three feet upwards and ten feet down- C, wards Provided that the Undertakers shall not raise any line of pipes above the surface of the ground unless so shown on the de- posited sections and then only to the extent so shown. 11.—The works authorised by this Order shall be commenced constructed and com- pleted within the time and subject to the conditions prescribed by Section 11 of the Gas and Water Works Facilities Act 1870 Provided always that subject to the restric- tions and provisions of this Order the Undertakers may alter enlarge renew improve and extend the same in such way and manner as they may consider requisite or advisable for supplying water within the limits of supply as defined by the Order of 1876. 12.—The Undertakers shall not construct any works for taking or intercepting water from any lands acquired by them unless the works are authorised by and the lands upon which the same are to be constructed are specified in this or some other Order or Act of Parliament. 13.—The Undertakers may use for the purposes of the water undertaking any water purchased or received by them from the Halkyn District Mines Drainage Company: Provided always that the Undertakers shall properly and efficiently filter or other- wise treat all water at any time purchased or received by them from the Halkyn Dis- trict Mines Drainage Company so as to render the same pure and wholesome for domestic purposes. If the Undertakers make default in filtering or treating the water as aforesaid they shall be liable to a penalty not exceeding ten pounds for every day during which such default shall con- fin ue. 14.—Subject to the provisions of the Waterworks Clauses Act 1847 the Under- takers may for the purpose of preventing and detecting waste affix and maintain meters and similar apparatus on the service pipes and mains of the Undertakers and stopcocks in the pipes supplying houses with water and may insert in the roads or foot- ways the necessary covers or boxes for giv- ing access and protection thereto and may for that purpose stop up break up and interfere temporarily with public and pri- vate streets roads lanes footways sewera courts passages tramways gas or water pipes electric lines wires and apparatus Provided that the Undertakers shall not interfere with any electric lines wires and apparatus belonging to or used by tlie Postmaster-General except in accordance with and subject tothe provisions of the Telegraph Act 1878. 15.-The Undertakers may but only with the consent of the owner of the soil of such street or road upon the application of the owner or occupier of any premises within the limits of the Undertakers for the supply of water abutting on or being erected in any street or road laid out or made but not dedicated to public use supply such pre- mises with water and for that purpose the provisions of the Waterworks Clauses Acts 1847 and 1863 shall apply as if such street were a street within the meaning of those Acts. 16.-Section 24 of the Order of 1876 is hereby repealed. 17.-Section 25 of the Order of 1876 is hereby repealed and in lieu thereof the fol- lowing provision shall be in force and have effect:— The water supplied by the Undertakers -shall be laid on constantly under pressure but need not at any time be delivered at a greater height than can be reached by gravitation from die service reservoir from which the supply is taken. CAPITAL BORROWING POWERS AND REDEMPTION FUND. 18.-The limitation prescribed by the Order of 1876 with respect to the amount of the capital of the Undertakers for the purposes of the water undertaking sftall not prevent the Undertakers from raising for I Parliamentary Notice. the purposes of the water undertaking further capital (in this Order referred to as "the additional capital") not exceeding one thousand five hundred pounds Provided that the nominal amount of the capital of the Undertakers for the purposes of the water undertaking shall not exceed in the whole eight thousand one hundred pounds unless the Undertakers are hereafter authorised to raise further capital by Provisional Order under the Gas and Water Works Facilities Act 1870 or by Act of Parliament. 19.—(1) All shares or stock forming part I of the additional capital shall be issued in accordance with the provisions of this sec- tion. (2) All shares or stock so to be issued shall be offered for sale by public auction or tender in such manner at such times and subject to such conditions of sale as the Undertakers shall by special resolution de- termine Provided as follows:- (a) Notice of the intended sale shall be given in writing to the town clerk of the borough of Flint and to the secre- tary of the London Stock Exchange at least twenty-eight days before the day of auction or the last day for the re- ception of tenders as the case may be and shall also be duly advertised once in each of two consecutive weeks in one or more local newspapers circulat- ing within the said borough: (b) A reserve price shall be fixed and notice thereof shall be sent by the directors of the Undertakers in a sealed letter to be received by the Board of Trade not less than twenty- four hours before but not to be opened till after the day of auction or last day for the receipt of tenders as the case may be (c) No lot offered for sale shall comprise shares or stock of greater nominal value than one hundred pounds: (d) In the case of a sale by tender no pre- ference shall be given to one of two or more persons tendering the same sum In the case of a sale by auction a bid shall not be recognised unless it is in advance of the last preceding bid: (e) It shall be one of the conditions of sale that the total sum payable by the purchaser shall be paid to the Under- takers within three months after the date of the auction or of the accept- ance of the tender as the case may be. (3) Any shares or stock which have been so offered for sale and are not sold may be offered at the reserve price to the holders of ordinary and preference shares or stock of the Undertakers in such manner as may be prescribed in a resolution passed by the directors of the Undertakers and to the employees of the Undertakers and to the consumers of water supplied by the Under- takers in such proportions as the directors of the Undertakers may think fit or to one or more of these classes of persons only Provided in the case of an offer to holders of shares or stock that if the aggregate amount of shares or stock applied for shall exceed the aggregate amount so offered as aforesaid the same shall be allotted to and distributed amongst the applicants as nearly as may be in proportion to the amounts applied for by them respectively. (4) Any shares or stock which have been offered for sale in accordance with the fore- going provisions of this Order and are not sold shall be again offered for sale by public auction or by tender in accordance with the provisions of this section and any such shares or stock then remaining unsold may be otherwise disposed of at such price and in such manner as the directors may deter- mine for the purpose of realising the best price obtainable. (5) As soon as possible after the conclusion of the sale or sales the Undertakers shall send a report thereof to the Board of Trade stating the total amount of the shares or stock sold the total amount obtained as premium (if any) and the highest and lowest prices obtained for the shares or stock as the case may be. 20.—All moneys raised under this Order including premiums shall be applied only to purposes to which capital is properly applicable and any sum of money which may arise by way of premium from the issue of shares or stock under the provisions of this Order shall not be considered as part of the capital of the Undertakers entitled to dividend. 21-—The Undertakers shall not in respect of any year pay out of their profits any larger dividend on the additional capital than a dividend at the rate of seven pounds in respect of every one hundred pounds actually paid up of such capital as is issued as ordinary capital or than a dividend at the rate of six pounds in respect of every one hundred pounds actually paid up of the additional capital as is issued as preference capital unless a larger dividend be at any time necessary to make up the deficiency of any previous dividend which shall have fallen short of the said yearly rates. 22.—In case in any year (or in any half- year if the Undertakers declare a dividend half-yearly) the net revenue of the Under- takers applicable to dividend is insufficient to pay the full amount of dividend at the prescribed maximum rates on each class of the existing and additional ordinary capital of the Undertakers a proportionate reduc- tion shall be made in the dividends payable on each class. 23.—Notwithstanding anything contained in Section 6 of the Order of 1876 the Under- takers may borrow on mortgage of their undertaking any sum of money not exceed- ing one-third of the amount of the capital of the Undertakers at the time actually raised by the issue of shares or stock in- cluding any premium that may be obtained on the sale of any shares or stock under the provisions of this Order and no higher rate of interest than five pounds per centum per annum shall Tbe paid by the Undertakers without the consent of the Board of Trade in respect of any moneys borrowed by the Undertakers after the commencement of this Order and secured as aforesaid. 24.-(1) The directors of the Undertakers I. Parliamentary Lotice. (in this section called "the directors") may if they think fit in any year in which the Undertakers may be taking water by means of the works by this Order authorised set aside and appropriate out of the revenue of the Undertakers as part of the expendi- ture on revenue account any sums not ex- ceeding in the whole fifty-five pounds to a fund to be called "the Redemption Fund" or to a fund to be called "the Depreciation Fund" or partly to one ancT partly to the other of such funds: Provided always that the amount of moneys which may be set aside and appro- priated to the Redemption Fund under the provisions of this subsection shall not ex- ceed in the aggregate a sum of two thousand seven hundred pounds and that the amount of the Depreciation Fund under the provi- sions of this subsection shall not exceed one thousand three hundred pounds. (2) The moneys credited to the Redemp- tion Fund may be applied from time to time by the directors in paying off any sums repayable in respect, of moneys borrowed by the Undertakers on redeemable securities or otherwise repayable by the Undertakers in respect of borrowed moneys and the moneys credited to the Depreciation Fund may be applied from time to time by the directors in meeting the expenses incurred' in the replacement or removal of plant or works or to any purposes of the water undertaking to which capital is properly applicable. (3) The moneys for the time being form- ing the Redemption and Depreciation Funds or any portion thereof respectively may be invested in securities in whicD trustees are authorised by law to invest and the interest on such securities shall be carried to the credit of the fund of which such securities respectively form part and in calculating the maximum sum which the Undertakers may appropriate to either of such funds such interest shall be included Provided always that such interest shall not be reckoned for the purpose of limiting the amount which the Undertakers are by this section authorised to appropriate in any one year to the said funds. (4) The borrowing powers of the Under- takers under the Order of 1876 and this Order shall be deemed to be reduced by the amount of any borrowed moneys paid off by means of moneys forming part of the Re- demption Fund. MISCELLANEOUS. 25.—The Undertakers may on any land for the time being belonging to or leased ) by them erect fit up maintain and let houses cottages and buildings for the officers and servants employed by the Undertakers for the purposes of their undertaking. 26.-(a) The Undertakers may make bye- laws for the purpose of preventing waste undue consumption misuse or contamina- tion of water and may by such bye-laws prescribe the size nature materials work- manship and strength and the mode of arrangement connection disconnection alte- ration and repair of pipes meters cocks ferrules valves soil-pans water-closets baths cisterns and other apparatus (in this section referred to as "water fittings") to be used and forbid any arrangements and the use of any water fittings whielf may allow or tend to waste undue consumption misuse erroneous measurement or contamination. (b) Such bye-laws shall apply only in the case of premises to which the Undertakers are bound to afford and do in fact afford or are prepared on demand to afford a con- stant supply. (c) All such bye-laws shall be subject to the provisions contained in Sections 182 183 184 and 185 of the Public Health Act 1875 and all penalties imposed for the breach of any such bye-laws shall be recoverable in manner provided by that Act for the re- covery of penalties and those sections shall for the purposes of this section be construed as if the Undertakers were a local authority within the meaning of those sections and the secretary of the Undertakers were the clerk of the local authority. (d) A copy of all such bye-laws in force for tne time being shall be kept at the office of the Undertakers. All persons may at all reasonable times inspect such copy without payment and the Undertakers shall cause to be delivered a printed copy of all bye- laws for the time being in force to every person applying for the same on payment of a sum not exceeding sixpence for each copy. (e) In case of failure of any person to obey such bye-laws as are for the time being in force the Undertakers may if they think fit after forty-eight hours' notice in writing enter and by and under the direction of their duly authorised officer repair replace or alter any water fittings belonging to or used by such person and not being in ac- cordance with the requirements of such bye- laws and the expense of every such repair replacement or alteration shall be recover- able by the Undertakers as the water rates in respect of the premises are recoverable. 27.—Where a house supplied with water is let to monthly or weekly tenants or ten. ants holding for any other period less than a quarter of a year the owner instead of the occupier shall if the Undertakers so deter- mine pay the rate for the supply but the rate may be recovered from the occupier and may be deducted by him from the rent from time to time due from him to the owner Provided that no greater sum shall be recovered at any one time from any such occupier than the amount of rent owing by him or which shall have accrued due from him subsequent to the service upon him of a notice to pay the rate. 28.—The Undertakers shall not be bound to supply with water otherwise than by measure any building used by an occupier as a dwelling-house whereof any part is used by the same occupier for any trade or manufacturing purpose for which water is required. 29.—When water supplied for domestic purposes is used for washing horses carriages or motor cars or for other purposes in stables or premises where horses carriages or motor cars are kept the Undertakers may if a hose pipe or similar apparatus is used Parliamentary Notice. charge such additional sum not exceeding twenty shillings per annum as they may prescribe and any sum charged under this section shall be recoverable in the same manner as water rates. 30.-The Undertakers may enter into and carry into effect agreements with any local authority company or persons for the sup- ply of water beyond the limits of supply of the Undertakers as defined by the Order of 1876 for the supply of water to any such authority company or persons respectively in bulk for any purpose and for such re- muneration and on such terms and condi- tions and for such period as may be agreed upon Provided that such supply shall not be given except with the consent of any company or persons supplying water under parliamentary authority within the area to be supplied and of the local authority of the district comprising that area nor if and so long as such supply would interfere with the supply of water for domestic purposes within the Undertakers' said limits of sup- ply Provided also that nothing in this sec- tion shall authorise the Undertakers to lay any mains beyond the limits of supply as defined by the Order of 1876. 31.—The Undertakers may sell water meters and any fittings connected therewith upon and subject to such terms (pecuniary or otherwise) and conditions as they think fit. The provisions of Section 14 of the Waterworks Clauses Act 1863 shall extend to authorise the Undertakers to let for hire any water fittings to any person supplied by them with water. 32.—(1) The Undertakers may if requested by any person supplied or about to be sup- plied by them with water furnish to him and repair or alter but shall not manufac- ture any such pipes valves cocks cisterns baths meters soil-pans water-closets and other fitiing.s as are required or permitted by their regulations and may provide all materials and work necessary or proper in that behalf and the reasonable charges of tlie Under- takers in providing such materials and exe- cuting such work shall be paid by the per- son requiring the same. (2) Any fittings let for hire under the pro- visions of this section shall not be subject to distress or to the landlord's remedy for rent or be liable to be taken in execution under any process of any court or any pro- ceedings in bankruptcy against the persons in whose possession the same may be Pro- vided that such fittings have upon uiem re- spectively a distinguishing metal plat* affixed to a conspicuous part thereof or a distinguishing brand or other mark con. spicuously impressed or made thereon suffi- ciently indicating the Undertakers as the actual owners thereof. 33.-The Undertakers shall not be bound to supply more than one house by means of the same communication pipe and may if they think fit require that a separate pipe be laid from the main pipe into each house supplied by them with water. 34.—A notice to the Undertakers from a consumer for the discontinuance of a supply of water shall not be of any effect unless it be in writing signed by or oil behalf of the consumer and be left at or sent by post to the office of the Undertakers or be given by the consumer personally at the office of the Undertakers. 35.-Before any person connects or dis- connects any meter by means of which any of the water of the Undertakers is intended to be or has been registered he shall give not less than twenty-four hours' notice in writing to the Undertakers of his intention to do so and all alterations or repairs and the connecting and disconnecting of meters shall be done at his cost and under due superintendence of any officer of or person authorised by the Undertakers and any per- son offending against this enactment shall for every such offence be liable to a penalty not exceeding forty shillings. 36.-The Undertakers by their agents or workmen after forty-eight hours' notice in writing under the hand of the secretary or some other officer of the Undertakers to the occupier or if there be no occupier then to the owner or lessee of any house building or land in which any pipe meter or fitting belonging to the Undertakers-is laid or fixed and through or in which the supply of water is from any cause other than the default of the Undertakers discontinued for the space of forty-eight hours may enter such house building or land between the hours of nine in the morning and four in the afternoon or at any other time with the authority in writing of a justice for the purpose of re- moving and may remove every such pipe meter and fitting repairing all damage c a us eel by such entry or removal. 37.—When several houses or parts of houses in the occupation of several persons are supplied with water by one common pipe belonging to the several owners or occupiers of such houses or parts of houses the said several owners or occupiers shall be liable to contribute the amount of any expenses from time to time incurred by the Undertakers in the maintenance and repair of such pipe and their respective proportions of contributions shall be settled by the engineer of the Undertakers. 38.-(1) For the purpose of constructing enlarging extending repairing cleansing emptying or examining any of their water- works the Undertakers may cause the water in such works to be temporarily discharged into any available stream or watercourse. (2) In the exercise of the power conferred by this seGtion the Undertakers shall do as little damage as may be and shall make compensation to all persons for all damage sustained by them by the exercise of such power the amount of compensation to be settled in default of agreement by arbitra- tion in accordance with tHe provisions of the Arbitration Act 1889. 39.-For the purpose of complying with any obligation under the Waterworks Clauses Act 1847 to maintain any pipe or apparatus the person liable to maintain the same shall have the like power to open the ground as is conferred upon him by and subject to the conditions and provisions of