The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1891-07-03
OF NEW Jersey.
ny ~AUIHoRITr.
CHAPTER cCxxxIv.
Coufinued.

siouers OF assessment. collected as afore-
said, II shall appear nat an award has
been made to any person for property
taken or dnmages sustained, and that such
person IS also assessed for benefits received
on account of the same improvement, then
IL the assessment equal or exceed the
award, no payment shall De made on &C
count OF such award; aud If the award
exceed the assessment. only so much OF
the award as Is in excess shall be paid.
and the resolution OF the board OF COM
missioners ordering the awards to be paid
shall be framet accordingly; and when
the amount TO be assessed shall be finally
determsned. such amount shall be set of
against the amour of the award unpaid;
aud IL the afnoun OF the award unpaid be
in excess. the assessment shall DO can
celled, aud such excess only shall be paid
to the person to whom the award is
made: aud II the amount Of the assess
ment be in excess. the award unpaid
| Shall be cancelled, and sBch excess only
shall be a lien upon the property assessed,
the rest OF the award or assessment. as
the case may be, being also Cancelled.
II. And be it enacted, That any street
or section OF q street may be graded,
tagged, mncadamized, paved. curbed,
guttered or otherwise improved as here
inrofore provided, Ia the following man
ner, viz On the petition In writing to
the board Of commissioners by the own
ers of one-third Of the land fronting on
the street proposed to be improved, .he
board OF commissioners shall byresolution
direct the town clerk to advertise such
application or petition and the notice
hereinafter provided for, for at least
two weeks, once in each week successive
~. In the official paper In the town, or
/ II there be none. In one or more uewspa-
pers published in the county and ci-cu-
lating In the town, aud to post copies of
the said petition and notice IN five public
places in the town, designated by the
board of commissioners, at least ten days
prior to the time fixed for the hearing of
objections to such improvement; the clerk
shall also publish and post as aforts aid
with the petition, a notice signed by him,
stating that objections in writing 10 said
proposed improvement shall be fled with
him. and designating the time and place
when and where the board of commits
sloners will meet to consider such o51ec-
tons, which time shall not be less than
ten days after the date or the first publ
cation OF such petition and notice as
aforesaid; the clerk shall also serve like
notice on the owners or property residing
along the street or section OF street so
proposed to be improved. at least five
days before the time DESIGNATED in such
notice; aud at or before the time named
in sucp notice. the said clerk shall file
in his Office alidavits showing that such
petition and notice have been published
aud posted as herein required; at the
time named in such notice, the
O9A ~ 9AAt&A Nv
coed to consider such objections as
have been presented. and IL IL appear
that the owners Of a majority of the land
fronting on such proposed improvement
have objected thereto. such Improvement
shall not be made. and all costs II ex-
penses Incurred In such proceedings shall
be paid by the petitioners. to secure
which the said bourai of commissioners
shall in all cases require a deposit of
twenty dollars before receiving auy petit
4 - - Il. .aro - ~rr u1 = ~ - rnnfnpfru
of the Ianus fronting on the proposed inn
provenept. have not objected thereto, the
board OF commissioners may, in their dis
erection, determine not to make such I'M,
proyement, in which case the deposit
made by the petitioner or petitioners shall
be returned to him or them. and the de-
feat of any ordinance for such improve
ment, introduced before the board OF conf
missionerss shall be conclusive 10 the de-
termination or the board of commissioner
not to make such Improvement; at any
time after the time named IN said notice
for objections, the board of commissioners
may proceed to pass an ordinance for
such Improvement. and u ordinance
| shall be valid if it describes in general
language the improvement required to be
made and done, aud it shall not be
necessary to state therein I'M other
matter or thing connected with said
| Improvement; the town clerk shall
publish and post up such o~rdinancein the
| same manner, n for the same time he
is required to publish n post the petit
ton for the improvement described
therein, and he shall file In his Office affi-
| davits showing that such ordinance has
been duly published and poste &; at any
time after the passage OF such ordinance,
the board of commissioners may require
the clerk TO advertise for proposals for
doing the work of and furnishing the
materials necessary for such imsroYe-
Inent, in the official paper OF the town.
and in such other newspaper as shall be
designated by the board OF commits
sioners; which proposals shall be pre-
sented in such form and manner and
under such regulations as the board of
commissioners may prescribe; upon the
coming 10 OF such proposals the board OF
commissioners may enter into contract
| with tie lowest Responsible bidders on
the terms OF their proposals; provided.
| however, that the board OF commissioner
| may reject all bids If they deem it for the
Interests of the town TO do so, in which
case they shah again ADVERTISE for pro-
| posals and. proceed in all things as II no
proposals had been offered; a the board
| of commissioners shall require the person
or persons so entering into contract with
the town TO give bonds with ample free
hold security for the due performance
thereof.
is. And be it enacted, That sewers may
be built and constructed in any OF the
| streets and avenues OF the own on the
| petition Of owners of one third of the
lands adjoining proposed route OF the
sewer; and the proceedings, after receiv-
ing such petition, shall be, III all respects,
the same as are hereinbelore set forth for
hagging and grading of streets. and al
tue provisions of this act relative TO flag
cling and grading OF streets shall be APP
pIicable TO proceedings for the construc-
ton of sewers except as modified in and
| by this section
10. And be it enacted, That the board
Of commissioners may appoint an in
| spector over the work and materials on
| any sewer or street improvement. anti
may fix his compensation; the o of
| such compensation shall be included Ia
| aud form part Of the cost Of the improve
meat.
90. And be it enacted; That before the
board IF commissioners accept any work
! on any sewer or street improvement, or
any dnal be made TO the o
tractor, the board OF commissioners shall
publish as aforesaid a notice, stating
when the board of commissioners shall
meet to receive aud consider objections
ia writing, the work Il materials done
and used in such improvement, and IL
any such objections shall appear TO be
I we'll founded, the board of commissioners
shall take such action thereon as in their
judgment the Interests Of tue town shall
equire
q. And be it enacted, That where it
shall be necessary, IN the construction of
any public sewer. 10 tai or use private
nronerty for that DurOOsc. the board of