The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1892-07-25

assessed by b commissioners as the
value OF such lands, improvements,
right of way and easements or dam
ages, In case the report Of sad commits
sioners Is not appealed from, or If the
same is appealed from, then the amount
which shalt be found by the jury by
whom the issue shall be tried; but in case
the party or parties entitled TO receive the
amount assessed by the commissioners,
In case there be no appeal, and in case of
appeal the amount found by the jury,
shall refuse upon tender thereof being
made to receive the same, or shall be out
Of the state or under any legal disability,
then the payment of the amount
assessed or found as aforesaid, into
the circuit court of the said county
shall be deemed a valid and legal pay
ment; and further. that the party or par
Ties entitled to receive the amount assessed
0y the commissioners may upon tender
thereof being made receive the same
Without being barred thereby from his
or their appeal from the report of the
commissioners, and Of such tender or
payment of the money into court, In case
1t shall be refused as aforesaid, the said
town or township shall be empowered to
enter upon and take possession Of said
lands, improvements, right of way and
easements. whether the same be within
the limits of such town or township or
within the limits of such adjoining
city.
I. And be it enacted, That in order to
RAISE the . necessary to pay for
lands, improvements, right of way or
easements acquired by purchase or con-
demnation as aforesaid. and the costs and
expenses attending the same, 1t shall be
lawful for the council or township COM
mittee OF such town or township to bor-
row money by the issue of bonds In the
corporate name Of such town or town
shin 10 an mnI1nk unr aynaodinn fho mar
OF acquiring such lanus, improvements,
right of way and easements, costs and
expenses, which bonds shall bear Interest
at not exceeding the rate of six per
centum per annum, n shall run not ex-
ceedlng the period of ten years, and shall
be sold for not less than their par value,
=. And be 1t enacted, That after acquir-
ing the necessary lands, improvements,
right OF way and easements as aforesaid,
the council or town committee OF such
town or township shall have full power
and authority TO enter into contracts with
responsible persons as hereinafter pro-
vlded for doug tine work and furnishing
the materials necessary in the construc-
ton of such road or street, and the
branches thereof. which contracts may be
Tor doing the whole or part of said work;
they shall advertise for proposals for
at least two weeks successfully,
once In each week, in at least two OF
tAS puOllSu0u III the county
In which such own or township is sit
uated, and then contracts shall be made
with the lowest responsible bidder or bid
derS who will comply with the require
ments of such council or town committee,
and give ample security for the perform
ance of the contracts; provided, however,
that such council or town committee may
reject all bids, il they deem it of the In
terest of the town or township so to do, In
which case they shall readvertise iu like
manner for proposals; the contracts so
entered into may include all grading, fill
ing-in, excavattng. tagging, curling,
paving or macadamizing. retaining walls,
piiihg. t~restles. bridges, and all other
work nece sary to CONSTRUCT such road or
street and branches therefore, in the man
ner set forth in the report. plans and
maps of the commissioners appointed
under the second section of this act; the
council or town committee of such town
ortownship shah also appoint a compe-
tent civil engineer to supervise the con
struction of such work.
8. And be it enacted, That when and as
often as the engineer in charge of such
work shall certify that a certain quantity
of work n materials have been done
and furnished thereon, the council or
town committee shall issue and deliver
to the contractor an improvement certi-
lcate for eighty per centum of the value
~ Il SOAUL dCb pT1CGS
therefor which certificate shall bear
interest at the rate Of six per cenium per
annam n shall be payable at any time
within tive years. on ninety days notice
when all interest thereon shall cease,
and when the contract is fully COM
pleted and the work accepted by the
council or town committee of such town
or township, a like certificate for three
fourths Of the amount withheld shall be
delivered to the contractor. and at the ex-
pttation of three months thereafter a like
certificate for the balance due shall be de-
livefed TO the contractor, unless errors or
defects in the work shall have appeared,
in which case 1t shall be- withheld until
such errors or defects are rectitied to the
satisfaction of the council or town COM
mittee.
10. And be it enacted, That the council
or town committee may appoint an In
spector over the work and materials and
may fix his compensation.
II. And be it enacted. That after the
completion of such work the council or
town commitsee of such town or town.
ship shall, by resolution. appoint three
dlslntereSted commissioner who shall be
freehofders aud residents of such town or
township, and who, after making and fl
lug with The town clerk an oath or
affirmation, that they will faithfully and
1mpurtially. and to the best OF their abil-
ity and understanding, perform the
duties required Of them by this act, Shall
proceed to consider and determine what
lands lying within the assessment area
established by The commissioners APP
pointed under the second section of this
act are specially benefited Dy the laying
out, opening and construction OF
such road or street and branch
es thereof; they shall make a
map showing all the lands and
each separate lot or parcel OF land so
specially benefited, and shall designate
each lot or parcel thereon by a letter or
number; they shall ascertain and deter
mine the total actuat cost of the laying
out, opening and construction of such
road or street aud branches thereof, and
shall assess upon the Town or township at
of such total cost; the
shall assess, as far as practicable, upon the
and Within such assessmant area found
by them to be specially benefited; they
shall assess each lot and parcel OF and in
proportion to the benefit received, and
shall not assess any lot or parcel of lane
more than it is specially benefited; iu
case the aggregate amount Of assessaple
special benefits shall be less than the
residue of such total cost, they shall
assess the excess upon the town
or township at large in addition to the
thirty per centum of such total cost
above provided for: the said commission
ers shall make a schedule, which shall
accompany their said map, setting forth
the letter or numbyr of each lot or parcel
of land assessed, the names of the owners
thereof so far as the same can be ascer-
tanned, and the amount assessed thereon
fop oncniuI honnffcs yhnv SMALL rac1r