The Sunday tatler and Jersey City express. (Jersey City, N.J.) 1883-1886, 1886-08-01

1aithfuliy 10 perform Their duties under this act,
ants as may be required, and shall examine into
the whole matter and ascertain, estimate and de-
termine, and tatter such written or published
notice TO all persons interested as said commits
sioners shall nix and prescribe) report in writing
what the probable cost of said improvement or
Improvements including all the costs aud ex-
penses touching OF relating thereto, win be, and
what proportion of the same should be Justly and
fairly borne and paid by said town. and what pro.
portion thereof should be borne aud paid by said
land owner or owners submitting said plan and
maps, and shall cause to be prepared map or
maps showing the location and extent of the
connections. water and other drainage or sewer
age can or may drain into said sewer OF sewers,
which lands shall be esteemed and known as the
drainage area for said sewer or sewers, and shall
lie said report map or maps in the clerks Office
of said town, with detailed statement of their
ment, after being approved by said Justice Of the
supreme court, or in case of his death or removal
by some other Justice Of said court shall be forth
commissioners, as allowed by said justice, by said
town and sad land owner or owners submitting
said plans ana q maps in equal proportions s
said report and map or maps. said town council
or other governing body shall cause q notice of
the filing Of said plans, maps, estimates and re-
daily or weekly newspapers circulating in the
neighborhood of the lands in the said drainage
area for at least three weeks once in each week
aud by posting like notice in ten conspicuous
places in the said drainage area for the same
period. and that the owners of the lands in said
Town lying within said drainage area may or can
within thirty days affer the date of said notice
file with the clerk of said town their written dis
sent 10 said proposed sewer sewers laterals and
appnrtenences; and unless the owners of ma
jority v tue lands in said town lying within said
drainage shall 50 dissent thereto as aforesaid
within sad thirty days the sad town council or
right deemed for the best interests of said town.
or any PARTON or portions thereof and all the
necessary power and authority is hereby granted
a m a
in the name of said town. either with said land
owner or owners, or jointly with the said land
owner or owners with any other person or persons
for the construction by said land owner or owners
or such other person or persons, of such sewer or
sewers aud necessary laterals and appurtenances,
upon such conditions, In such manner and such
style. size dimensions and details set forth in
said plans and maps mutually determined upon,
as aforesaid, and at such cost as may be agreed
upon, and for the payment by said town to said
land owner or OWNERS, or such other person or
persons, of such proportionate part of the cost
thereof as h may also be agreed upon provided.
said town shall not exceed the proportion of the
estimated cost which should be borne and paid
made by said commissioners; and provided,
further. that any such sewer shall not be so con-
structed as to at any time empty into discharge
any of its contents into any creek. stream, lake,
pond or water course, the waters OF which are
used for or connect with the waters Of any river,
creek, stream lake, pond or water course used for
the supply OF water to any aqueduct. water main
or reservoir of any city, town. township or muuic-
ipality of this state. -
6 And be it enacted, That no contract, as pro-
vded for in section five of this act shall be made
aud entered into between said town and said land
owner or owners jointly of the one part and any
other person or persons Of the other part except
ing upon advertisements in one or more news
papers, printed and published In the county
wherein said town is located for proposals for fur
nishing all the materials and doing all the re-
quired work but said town and said land owner
or owners shall be under no obligation to award
the said contract to the lowest bidder, and may,
If deemed for their best Interests reject all bids
q And be it enacted, That upon the completion
of any such main outlet sewer or sewers and
1sterals as hereinbefore in this act provided the
said town shall have the right, power and author
ity to connect with the said main outlet sewer OF
sewers, and any laterals thereto, all the sewers
and laterais in, through and from all the said
drainage area of said town drained by sGsS man
outlet sewer or sewers; provided, however, that
If said main outlet sewer sewers are constructed
by said land owner or owners, under said agree
ment or contract the said town shall not have the
right, power and authority aforesaid to connect
as aforesaid with said main outlet sewer sewers
outside Of said town, so much of said main sewer
said town, until it shall have first paid to said
land owner or owners its cart Of the cost thereof
agreed to be paid by said town.
s. And be 1t enacted, That in order to raise the
proportion Of the cost and expense agreed to be
paid by such town towards the construction of
sid sewer or sewers, outlet thereof it shall be
lawful for the town council or other governing
body of said town to issue bonds in the corporate
name of such town in such amount as may be
necessary for that purpose which bonds shall bear
interest at u rate exreening SIX per centum
per annum, and shall be payable in not more
than twenty years, and shall not be sold or OILS
posed of for less than their par value.
g. And be It enacted, That or me proporton
of the cost and expense of constructing said
sewer or sewers and the cost and expense OF
making the assessment herein provided for, paid
by said town there shall be assessed by three conn
rnissioners las hereinafter mestioned), upon all
the lands and real estate and each separate lot,
tract parcel of land in said drainage area lying
within the limits of said town. benefited, SUCH
portion thereof as will be equal to the amount OF
the benefits actually acquired by such LAND AND
real estate and each lot tract or parcel OF land,
from said necessary sewer or sewers, lateras ana
appurtenances, proportioned equitably to the
amount 80 as aforesaid paid by Said town ana 70
the benefit each piece or parcel of land shall De
deemed TO have acquired from said sewer or
sewers, necessary laterals and appurtenanceS,
and said amount paid by said town; provided,
that no land or real estate shall be assessed any
more than the special benefit actually received
and provided, further, that whenever the dement's
of such main sewer sewers or outlet are or snail
the building of lateral OF connecting sewers,
there shall be assessed upon such property just
and equitable portion of such cost and expenses
ever the special benefits derived therefrOm by
such property, which assessment may be made in
connection with the assessment for such lateral
or connecting sewers or as an Independents assess
ment
TO- And be it enacted That the commissioners
in the ninth section of this act mentioned shall be
appointed by the circuit court Of the county
wherein such town Is or may be located, on APP
plication in behalf of the council or other govern
ing body of such town, who shall cause two
weeks notice of the time and place OF such APP
plication to be given by publication thereof, at
least once in each week, in some daily or weekly
newspaper published in said town, If there be any
such, and II not in some such newspaper pub
hshed in the said county, at which time ana
place upon satisfactory evidence Of the due pub
fication of such notice. the said court shall, with
out unnecessary delay appoint three dsinterested
persons who shall be feeholders in said county,
as such commissioners, and WHO shall each. before
they enter upon the execution of their said duties
required of them, severally take and subscribe an
oath or affirmation before officer authorized to
administer oaths and affirInations, to make the
said assessment required of them fairly, legally
and equitably according 10 the best OF their skill
and understanding.
IL And be it enacted That after said commits
sioners shall have made their assessment, as pro-
yided for in said ninth section, they shall make
report to the said court Of their said assessment.