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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