The Sunday tatler and Jersey City express. (Jersey City, N.J.) 1883-1886, 1886-08-01
CHAPTER CLxxxv1r1.
An Act to authorize the building of tunnels under
navigable waterway or basin in cities.

An Act to authorize the building of tunnels under
anayigable waterway or basin in cities.
l. Be 1t enacted by the Senate and General AS
sembly of the State of New jersey. That when, in
a city, any street or streets have been improved
by such city to or within one hundred feet of
nayigable waterway or basin, on both sides of
deemed advisable to build a tunnel or tunnels
under such waterway or basin to connect such
street or streets or parts of streets, at or near
the end OF ends thereof with street OF streets or
part of streets, or at or near the end or ends
thereof on the opposite or other side of such
waterway or basin, in the city, then it shall
be lawful for the board or other authority of such
city having cOgnizance and control of the open
ing of streets, 10 lay out and construct tunnel
under such waterway or basin, and under such
parts of such streets or adjacent streets highways
or avenues as shall be desirable to make the grade
of such tunnel and approaches practicable one,
with the necessary approaches thereto on each
side, connecting such street or streets or part of
streets with street streets part Of street
adjacent streets or highways or avenues on the
opposite or other side of such waterway or basin,
in the same CITY, of sufficient size to accommodate
the public travel thereby and therein, instead OF
over such street or streets or adjacent streets,
highways or avenues where such tunnel or its
approaches shall be built; the proceedings for
the construction shall correspond, as far as prac
ticabc, with the proceedings as prescribed by law
in such city for the construction Of sewers except
that the cost thereof and of the approaches there
to shall be paid by the city at large; provided,
that such tunnel or tunnels and the approaches
thereof shall lie wholly within some city of this
state and provided. the Streets highways or
avenues of said city have or has been actually
opened on each side Of said waterway or basin so
to be tunnelcd.
q And be it enacted, That fifty owners OF land
lying within such city may present to such board
an application in writing designating the place
where such tunnel or tunnels and approaches are
to be built, and setting forth the particulars,
bringing the places within the meaning of the
first section Of this act and praying that such
tunnel or tunnels and approaches be built; the
board may, in their discretion thereupon proceed
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so far as practicable as is now provided by law
for proceedings to construct sewers in such city,
except that no assessment shall be made. and ex-
cept that no petition signed by the owners Of one
third of the frontage Of land along the improve
ment desired shall be necessary and except that
no relnonstrance signed by the owners of property
along the improvement desired shall stop the i'm
provement; and If such board determine to COB
struet such tunnel or tunnels and approaches
applied for, or such as may be resolved upon by
said board, they may locate the same wholly on
private lands. or partly in streets or highways OF
avenues and partly on private lands; and power
and authority TO enter upon, open use and occupy
such portion OF any such street. highway or
avenue in said city, as may be necessary or
proper to properly construct such tunnel or tun-
nels and approaches, is hereby vested in said
board.
3. And be it enacted. That the costs and ex-
pcnses of the construction of such tunnel OF hln-
ncls and approaches, including the cost of real
If any, sustained by the owners of property 'front.'
ing along said improvement shall be paid by the
city, and said city may issue its bonds to the
amount necessary to pay the same, which bonds
shall be of such denomination form, terms and
conditions, and bear such rate Of interest, not ex
ceeding six 20 per centum per annum as shall be
determined by the board OF body of such city
having charge of the finances thereof, and shall
be executed under the common seal of the city.
and the signature Of the mayor and other proper
officers thereof
4 And be it enacted, That when any such tun-
mel OF tunnels or approaches shall be located upon
any land other than a highway, avenue or street,
IN f1nc Nv hCnSa hf nit
and such land or any easement, right or estate
therein shall be necessary for the construction OF
such tunnel or tunnels or approaches, then II
shall be lawful for said city to acquire the said
lands in fee-simple or any lesser estate or right
therein the proceedings for acquiring such prop
erty shall conform to the proceedings now pro
vided by law for the acquiring OF lands for the
opening OF such streets in such city, In case 1t
Shall be necessary to own or take any lands Of the
state under or above tde-water. or the states
interest therein it shall be lawful to take and use
such lands OF interest for said purposes, and the
state hereby assents to such taking without COM
pensatien; the proceedings To ascertain the
damages, il any, sustained by the owner or
owners of lands fronting on such Improvement,
by reason Of the building and maintaining such
tunnel or tunnels or approaches, shall conform as
near as may be to the proceedings now provided
by law for the ascertaining the damages sustained
change Of grade Of street where such street has
been built upon since the establishing OF former
grade in such city.
DAaliu-A lklt-S tlnAslSu - 10y rl-l.-.<-lkS
places m INC rax~ r-vy OF Euca cry, zrI1 Iassy
sum not less than two per centum and not more
than three per centum of the principal Of such
bonds, and the same, when collected shall be
paid to the commissioners of the sinking fund of
such city if no such commissioners then 10 the
other proper authorities of such city, for the
demption and payment of the bonds issued under
the authority Of this act.
O. And be 1t enacted, That the said board first
mentioned in this act, with the mayor of such
city are hereby authorized and empowered to
enter into contract with the owner or owners of
the lands fronting all or any part of said pro
posed tunnel OF tunnels or approaches, or with
any person or persons who may prefer tunnel to
other means of connecting as aforesaid, whereby
such owner or persons may themselves build or
erect said tunnel or tunnels and approaches, or
whereby they may tribute towards the build