The Penn's Grove record., 1891-06-12


board OF commissioners shall by resolution dlrcci
the town clerk to adyrrstlse such application or pc
ution and the notice hereinafter provided for, 10
at least two weeks. once In each week succrssively
N The official paper in the town, or Il there be none
and circulating In the town. and to post copies o
the said petition and notice In five public places II
the town, designated by the board Of commission
err, al least ten days prior to the time fixed for tn,
hearing OF objections to such improvement; tn,
clerk .hall also publish and post as Aforesaid with
The petition, a notice signed by him. stating thu
objections In writing TO said proposed improvement
shall be nled with him, and designating the tim,
and place, when and where the board Of commits
sioncrs will meet to consider such objections. which
time shall not be less than ten days after the dats
OF the hrst publication OF such petition and motto,
as aforesaid; the clerk shall also serve like motto,
on the owners of property residing along the street
least Ave days before the time designated in suci
notice; provided, however. that no assessment shall
he set aside or affected by reason of failure OF said
clerk 10 serve such notice; and at OF before the time
named 10 such notice, the said clerk shall file IL his
Office afidavts showing that such petition and no,
tice have been published and posted as herein re
CURED; at the thine named In such notice, the board
OF commissioners shall proceed to consider such
objections as have been presented. md IL 10 appear
that the owners OF amajority of the land fronting
ON such proposed improvement have objected there
TO, such improvement shall not be made, and all
costs and expenses incurred In such proceedings
shall be paid by the petitioners, to secure which the
said board of commissioners shall In all cases re-
quirc q deposit of twenty dollars before receiving
Any petition; and in case the owners OF a majority
Of the lands fronting on the proposed improvement,
have not objected thereto, the board of commission.
es may. in their discretion. determine not to make
such Improvement, in which case the deposit made
by the petitioner or petitioners shall be returned to
him or them; and the defeat Of any ordinance for
such Improvement, introduced before the board of
commissioners. shall be conclusive to the determin-
alton Of the board of commissioners not ts make
such Improvement; at any time after the time named
in said notice for objections, the board Of commits.
sioners may proceed TO pass an ordinance for such
Improvement, and such ordinance shall b. valid il
II describes in general language the improvement
required to be made and done, and II phall not be
necessary to state therein any other matter or thing
connected with said Improvement: The town clerk
shall publish and post up such ordinance in the
same manner, and for the same time he lie required
to publish and post the petition for the improve
ment described therein, and he shall file in his office
affidavit showing that such ordinance has been duly
published and posted; at any time after the passage
Of such ordinance, the board of commissioners may
require the clerk to advertise for proposals for do
ing the work Of and furnishing the mltcrials nec-
essary for such Improvement. IN the Official paper
of the town, aud in such other newspaper as shall
be designated by the board of commissioners
which proposals shall be presented In such form
and manner and under such regulations as the
board of commissioners shall prescribe; upon the
coming In Of such proposals the board of commits
sioners may entcI into contract with the lowest re-
sponsible bidders on the terms of their proposals;
provided. however, that the board of commission.
ers may reject all bids II they deem it for the inter
ests Of the town to do so, in which case they shall
again ADVERTISE Tor proposals and proceed in all
things as IL no proposals had been offered; and the
board of commissioners shall require the person or
persons 80 entering into contract with the town to
give bonds with ample freehold 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 town on the petition OF owners of
one third OF the lands adjoining proposed route of
the sewer and the proceedings, after receiving
such petition. shall be, in all respects, the same as
are hereinbefore set forth for tagging and grad.
inn nf straqfa. md all rho HFnvlainna nj fhia act
relative to tagging and grading Of streets shall be
applicable 10 proceedings for the construction of
sewers, except as modified in and by this section.
10. And be IL enacted, That the board OF COM
mlssioners may appoint an inspector over the
work and miteria's on any sewer or street i'm
provement, and may tx his compensation the
amount OF such compensation shall be included Ia
and form part OF the cost Of the Improvement.
20. And be 1t enacted, That before the board of
commissioners accept any work on any sewer OF
street Improvement, or any final payment be mad;
TO the contractor. the DO ird OF commissioners
shall publish as aforesaid o notice, stating when
the board or commissioners shall meet 10 rece C
and consider objec ions In writing, the work and
materials done aud uset In such Improvement, and
u any -uch objections shall appear to be well
founded, the board Of commissioners shall TAX
snch action thereon as In theiI Judgment the Inter
ests Of the town shall require.
| 81. And be It enacted, That where Il shall he
necessary, in the construction Of any public
sewer, to take or use private property for that
| parpoee, the board of commissioners shall have
| power TO provide in,the ordinance for the building
or constructing OF any such sewer for the taking
Of any such property as lie necessary for that
| purpose the damages aud awards 10 be m.de for
lands so taken shall be determined and ma lie by
the commissioners OF ~whv shall re-
| port the same to the board OF commits iouers, and
thereafter the proceedings shall be the same, In
all respects, as are hcreinbefore provided for the
| opening Of streets. d.
| r. And be II enacted. That the board Of COM
missioners shall have power to issue Improvement
certificates, payable within one year or less, with
interest, 70 the amount Of seventy per cenlum Of
I tho sEnEE dana nnhn anu atEaat aR..far Ne lNka.
| public improvement, when certified as correct by
the engineer or other officer In charge of the
work and when the contract is fully completed.
and the work fully accepted by the bourd of COM
missioners, they may Issue q certificate for an ad
diiionsl twenty per ceutum of said work done, and
in not less than three, nor more than six months
issue q iual certificate for the balance dae, unless
nome error or defect in the work shall have ap-
peared, in which case the certificate shall be with.
held until the defect or error IL rsctifled TO the sat
isfaciion OF the board OF commissioners.
9, And b. 1t enacted, That the costs and ex.
penses OF opening. extending or widening any
street, and after the completion thereof the whole
cost and expense OF any street, sewer, or other
public Improvement shall be ascertained and de,
termiued by The commissioners OF assessments,
and snch cost and expense shall, so far as the
same can be, be assessed upon the land and real
estate specially benefited BY the improvement in
proportion TO the benefit rec :iyed, and no lot OF
parcel OF land shnll be assessed more than II Is go
specially benefited, and II the total assessablc
benefits exceed the total cost, the excess shall be
borne and paid by the town at large the commits
sioners OF assessments shall make and file with the
town clerk a map showing what lots and parcels oil
land are specially benefited by the Improvement,
the amount assessed as special benefits upon each
lot or parcel of land, the amount OF such assess
nent, the names OF the owners Of the several lps
or parcels assessed, so far as the commits ,ioncrs of
asse' sments can ascertain the SANE, and the
amount, IL any, OF the excess OF the cost OF the I'm
| provement over the total amount assessed no as.
sessment shall b. deemed defective by reason
OF any mistake in the names OF the owners of the
Il lA.AA n ~ lhA MD aNaa. - 49,.
| of them the clerk shall publish aud post a notice
| IN the same way and manner as he published aud
posted the petition for Improvement, stating that
the map and report OF the commissioners OF AS
scssments have been hled in his Office, and that
| the board of commissioners will consider any OBJ
| ~jectioDs TO said assessment preserved in writing
| on or before a day named in said notice, 10 b.
fixed by the board OF commissioners, which d ny
shall be at least five days after the expiration OF
/ such peri I'd on which the board of commissioner
will meet to consider such objections; IN case the
| objections to the assessments arc not sust iincd,
the BOARD OF commits sioners may confirm such as
sessment, or IL they refuse TO confirm the same,
they may return il to the commissioners OF as
essmenl for such amendment as nay 10 the
commissioners Of Assassin snts seem necessary,
and the board Of commissioners may thereafter,
without any further notice, confirm the assess-
m-nt, and upon snch confirmation such assess
| ment shall constitute 3 lien upon the property as,
sessed and II any assessment shsll remain npaid
for two years there ifter, the board of commission
ers may proceed to enforce the lien of such as
sessment in the manner provided for In this act.
"a. And be II enacted, That no certiorari. In
junction or other writ or process shall be al
lowed or granted to set aside any ordinance for
any Improvement after the contract therefor shall
have been awarded by the board OF commissioners
and no ceetiorari, injunction or other writ or pro-
cess shall be allowed or granted to set aside any
as ,essment m tde for any sewer or street improve.
ment OF any kind after thirty davs shall have
elapsed from the date OF the confirmation OF such
assessment by tue board OF commissioners.
rs. And be il enacted, That all moneys received
for licenses, and all other moneys received, and
not specifically appropriated, shall be paid into the
incidental fund.
70. And be 1t enacted. That all taxes and all as.
cs.ments heretofore or hereafter levied, assessed
or made upon any lands, tenements or real estate,
situate in such town, shall be and rem lin a lien
thereon until paid; Notwithstanding auy devise,
descent, alienat- on, mortgage or other incun-
brance thereon an IL the mil amount of any such
lax or assessment shall not be paid and satisGed
within such time as shall be limited and appointed
by the board Of commissioners for the payment
thereof, II shall and may DO lawful for the
board of commissioners to canse such lands, tene
ments or real estate 10 be sold at public auction
for thu shortest term for which any psrs3n will
agree 10 take the same and pay snch TAX or assess.
ment, or the balance due thereof remaining I'M
aid. with the interest thereon, and all costs,
cnaIges and expenses, and to execute under the
common seal of said town, a declaration OF such
sale, To be signed by the chairmin Of the board OF
commissioners and the town clerk, and to deliver
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