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Reserves and other Lands Disposal and Public Bodies Empowering Act 1923  035
Commenced: 29 Aug 1923
SECOND SCHEDULE: Deed of Agreement made between the Corporation of the County of Thames and the Corporation of the Borough of Thames respecting the Thames Wate-race




                             SECOND SCHEDULE
  DEED OF AGREEMENT MADE BETWEEN THE CORPORATION OF THE COUNTY OF THAMES
    AND THE CORPORATION OF THE BOROUGH OF THAMES RESPECTING THE THAMES
                               WATER-RACE.

 THIS DEED, made the nineteenth day of October, one thousand nine hundred
 and twenty-two, between the Chairman, Councillors, and Inhabitants of
 the County of Thames, being a body corporate duly constituted under the
 Counties Act, 1920 (hereinafter called the County Council), of the one
 part, and the Mayor, Councillors, and Burgesses of the Borough of
 Thames, a body corporate constituted and existing under and by virtue of
 the provisions of the Municipal Corporations Act, 1920 (hereinafter
 called the Borough Council), of the other part: Whereas the Thames
 Water-race as constructed by the Government, and (except the stream
 called Waikiekie) all lands, streams, buildings, and works belonging
 thereto or connected therewith, and all rights and privileges
 appurtenant or belonging thereto, were under and by virtue of the
 provisions of the Thames Water-supply Transfer Act, 1880, absolutely
 vested in the County Council and still are vested in and under the
 control and administration of the County Council by which such
 water-race is used for the purposes of conveying water for various
 purposes from a part of the Kauaeranga River to the Borough of Thames:
 And whereas negotiations have been in progress for some considerable
 time between the County Council and the Borough Council the object of
 which is to have such water-race taken over, controlled, and
 administered by the Borough Council: And whereas the parties have come
 to a definite agreement, terms, conditions, and stipulations of which
 are hereinafter fully set fourth, and it is hereby mutually agreed as
 follows:---

   1. The County Council agrees to transfer, and the Borough Council
 agrees to accept, so far as such parties legally can or may, the Thames
 Water-race as transferred by the Thames Water-supply Transfer Act, 1880,
 and as still existing, together with all branch races, plant, equipment
 of every kind, and all reserves, lands, waters, rivers, streams,
 tributaries, dams, reservoirs, buildings, drains, races, aqueducts,
 trestling, mains, valves, pipes, culverts, tools, appliances, works, and
 material of all kinds and description, and all rights, licenses,
 easements, privileges, appurtenances, connections, and property,
 belonging to or in anywise or manner appurtenant to or connected with
 the water-supply from the Thames Water-race as the same are now vested
 in, controlled, and administered by the County Council, to the intent
 that the Borough Council may have, possess, exercise, and enjoy all the
 rights, powers, privileges, and authorities now possessed, exercised,
 and enjoyed by the County Council.

   2. Possession of such water-race and its accompaniments, rights, and
 privileges shall be taken over and assumed as from noon on the 14th day
 of October, 1922.

   3. In order to give full effect to such transfer the County Council
 shall and will forthwith do or cause to be done all such acts, deeds,
 matters, and things requisite, advisable, or proper to enable the
 Borough Council to pass all or any such further or additional
 legislation as may be necessary to fully and effectually confirm this
 agreement and vest in the Borough Council the said water-race and
 appurtenances and its and their future control, management, maintenance,
 and administration.

   4. As consideration for such transfer the Borough Council will on the
 1st day of January, 1925, pay to the County Council the sum of 4,100,
 but without interest.Failing payment on or before the said 1st day of
 January, 1925, the Borough Council shall pay to the County Council
 interest on the whole or any unpaid portion of the said sum of 4,100 at
 current bank rates for overdrafts until such payment is made in full.

   5. The County Council will, upon demand, refund to the Hauraki Plains
 County Council the sum of 850 already paid by such latter Council to
 the County Council as the amount which was found to be due to the County
 Council upon the creation and constitution of the Hauraki Plains County
 and which sum was duly paid to the County Council by the Hauraki Plains
 County Council.

   6. The Borough Council will, as part of the consideration hereof, pay
 to the County Council upon demand the sum of 50, being the amount of
 interest chargeable to the County Council in respect of the use by it of
 the said sum of 850.

   7. As further consideration for such transfer the Borough Council will
 hereafter during its control of the said water-race, and provided
 sufficient water is available and running in such race, and upon and
 after reasonable and sufficient notice, supply the County Council's
 stone-crusher in the County Council's quarry adjacent to the existing
 suspension bridge on the right bank of the Kauaeranga River with
 sufficient water for power purposes, estimated upon the basis of the
 present requirements of the County Council, for the purposes of such
 stone-crusher and at the price or rate then being charged by the Borough
 Council for water for power purposes: Provided, however, that the
 Borough Council may, with the consent of the County Council, at any time
 substitute other equivalent motive power in lieu of water-power at the
 rate or price usually charged by the Borough Council for any such power:
 and provided further that, should such alteration in the description or
 method of power supplied require the installation, erection, or
 maintenance of any additional machinery or plant, the costs of such
 machinery, erection, installation, or maintenance shall be borne by the
 Borough Council.

   8. As part of the sale contemplated by these presents the County
 Council will transfer to the Borough Council all its book debts for
 water charges due to the County Council up to and including the 14th day
 of October, 1922, by its inhabitants and consumers for water used or
 supplied from the Thames Water-race, whether for power purposes,
 domestic supply or consumption, or otherwise, and will, when called
 upon, do and execute, or cause to be done or executed, all such acts,
 deeds, documents, writings, or authorities enabling or empowering the
 Borough Council to ask, demand, sue for, recover, and receive of and
 from the persons, companies, or firms owing the same all or any moneys
 due, owing, or payable to the County Council in respect of water
 supplied:

   Provided that the cost of out-of-pocket expenses or the cost of any
 service rendered in so doing shall be borne by the Borough Council.

   9. The Borough Council will take over and carry out in their
 integrity, and without variation in price or otherwise, any outstanding
 contracts or agreements now subsisting between the County Council and
 any of its consumers, and will, if required, indemnify and keep harmless
 and indemnified the County Council from the performance of all or any of
 such contracts.

   10. The County Council will also pay and transfer to the Borough
 Council the balance to credit (estimated at about 119 7s. 8d) of the
 County Council Water-race Account at the Bank of New Zealand, Thames, as
 on the 14th day of October, 1922.

   11. The Borough Council will pay, satisfy, settle, and discharge all
 liabilities whatsoever due and owing, whether for wages, labour, or
 material, or otherwise, by the County Council in respect of the Thames
 Water-race up to and including the said 14th day of October, 1922.

   12. The County Council will forthwith transfer, hand over, and deliver
 to the Borough Council all plans, drawings, estimates, and records in
 connection with the said water-race now in the possession or under the
 control of the County Council, its Engineer, or other officers.

   13. The Borough Council will take over and assume and pay and satisfy
 the liability (estimated at 1,250 14s. 6d.) subsisting on the 14th day
 of October, 1922, by the County Council to the Bank of New Zealand,
 Thames, in respect of advances already made by such bank to the said
 County Council in respect of the latter's Water-race Account and debited
 to the County Council in the books of such bank in an account called the
 Thames County Council Water-race Revenue Antecedent Liability Account.

   14. All outstanding agreements or contracts subsisting between the
 County Council and the Borough Council at the 14th day of October, 1922,
 in regard to water-supply, and particularly deeds of agreement bearing
 date the 9th day of September, 1911, and the 4th day of February, 1915,
 respectively, and all the rights, powers, licenses, and authorities
 conferred by such agreements are hereby mutually cancelled and rescinded
 and at an end, and all moneys due or payable under either or both of
 such agreements by the Borough Council to the County Council are deemed
 paid and satisfied, and the Borough Council is hereby released from
 payment of all or any of such sums of money, or the performance of all
 or any of the obligations arising under and by virtue of the
 said-recited agreements or either of them.

   15. The Borough Council is also by virtue of these presents and as
 part of the consideration thereof hereby released and exonerated from
 payment of all moneys due by it to the County Council in respect of
 charges for water supplied to the date hereof, and also from payment of
 all moneys agreed to be paid by the Borough Council for the purchase of
 water mains, pipes, and accessories, together with all interest due to
 such date upon all or any such moneys or any part thereof.

   16. Nothing in these presents shall entitle the Borough Council to any
 rights over or in the Kauaeranga River below the main water-race intakes
 which will unduly interfere with the county's administration of that
 portion of the Thames County.

   17. Should the Borough Council be unable during the present or any
 future session of Parliament to obtain legislation to fully and
 effectually confirm or give effect to each and all or any of the terms,
 conditions, and stipulations expressed or implied in these presents,
 then such failure shall not prejudice or be deemed to prejudice these
 presents or the rights, powers, and privileges conferred hereby upon the
 Borough Council so far as the County Council is legally concerned.

   18. For the purposes and objects of these presents the Borough Council
 and the County Council hereby appoint Ernest Feltus Adams, of Thames,
 Engineer, to define the area of land within the Thames County requisite
 for a watershed or catchment area in connection with such water-race,
 and the Borough Council and the County Council will abide by the
 definition made by the said Ernest Feltus Adams of such area, and the
 County Council will assist the Borough Council in creating the area so
 to be defined by legislation or otherwise as a reserve for all or any of
 the purposes of such water-race.

   19. The County Council will make and sign all such further or other
 deeds, documents, or writings that may be necessary, advisable, or
 proper to further or more fully give effect to and carry out the terms
 and conditions herein expressed or implied.

   20. All expense in connection with the legal transfer of the
 water-race, and all expense involved in the change of ownership in every
 manner whatsoever, shall be borne by the Thames Borough Council.

   In witness whereof the parties hereto have executed these presents on
 the day and year first above written.
 The Common Seal of the Chairman, Councillors, and    }    The Common
   Inhabitants of the County of Thames was hereunto   l      Seal of the
   affixed at a meeting of the Council of the said    l      Chairman,
   county and pursuant to a resolution of such        {      Councillors,
   Council in the presence of---                      {      and
   HENRY LOWE, Chairman.                              l      Inhabitants
   ROBT. COX, Councillor.                             l      of the
   H. T. G. MCELROY, County Clerk.                    }      County of
                                                             Thames.)
 The Common Seal of the Mayor, Councillors, and       }    The Common
   Burgesses of the Borough of Thames was hereto      l      Seal of the
   affixed at a meeting of the Council of the said    l      Mayor,
   borough and pursuant to a resolution of such       l      Councillors,
   Council in the presence of---                      }      and
   ERNEST N. MILLER, Mayor.                           l      Burgesses of
   JOHN ROWE, Councillor.                             l      the Borough
   W. J. CROPP, Councillor.                           l      of Thames.)
   A. CHAPMAN, Town Clerk.                            }

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