The Lambertville record. [volume] (Lambertville, N.J.) 1872-1968, 1892-07-13

street In such adjoining city.
l. Be 1t enacted by the Senate and General
Assembly of the State of New Jersey, That
where any town or township of this state is
or may be situated adjacent to city IN the
same county, it shall be lawful for, and full
power and authority is hereby vested in. the
council or town committee of any such town
or township in the manner hereinafter pro-
yided to lay out, open, aud construct road
or street and such branches thereof as may
be deemed advisable in and through such
town or township, or some portion thereof,
to and into the territory OF such adjoining
city, so as to make a safe and convenient con-
nection of such road or street with road or
street in such adjoining city; provided. how
ever that it shall not be lawful to change or
disturb the grade or alt T the lines of any
road or street in any such adjoining city
without the consent of the proper municipal
authorities thereof.
2. And be it enacted That it shall be law
full for the council or town committee of any
such town or township at any time bv the
votes of two-thirds of the members thereof,
to pass or adopt a resolution setting forth
that in their judgment tho interests of such
town or township require additional or bet
ter facilities for reaching such adjoining city
and that it is advisable to lay out open and
construct road or street to connect with Il
road or street in such adjoining city, and at
any time after the passage or adoption of
such resolution the said council or town com
m1ttee may by resolution passed or ADOPTED
in the usual manner, appoint three commits
sioners who shall be residents and freeholders
of such town or township and who shall per-
form and discharge the duties set forth and
mentioned in the next succeeding section of
this act; said council or town committee
shall also appoint competent surveyor to
assist said commissioners; in case of the
death, resignation neglect or refusal to serve
or removal from the town or township of or
by any of the commissioners 80 appointed,
the vacancy or vacancies SO created may be
filled by appointment In like manner by the
council or town committees; each of said
commissioners, before entering upon the dis
charge of the duties imposed upon him by
this act, shall make and file with the clerk of
such town or township an oath or affirmation
that he will faithfully and impartially and
to the best of his ability and understanding
perform the duties imposed upon him by this
act.
8. And @ it enacted, That 1t shall be the
duty of said commissioners to cause surveys
to be made, and to determine, locate and lay
out practical route for such road or street.
and such branches thereof as they may deem
| advisable to lay out, and the lines, teFmini
| width and grades thereof, and shall show the
same upon map to be made by them for
| that purpose: they shall consider and deter
mine what lands and improvements will be
| required to be taken therefor and shall ex
| hibit the same on said map or on a separate
| map; they shall estimate, ascertain and de-
| termine the probable total cost of construct
| ing such road or street and branches thereof
and to that end shall estimate the probable
costs and damages which the taking of lands
and improvements therefor Will require to
be paid; the probable cost of grading, flag
g1ng, curbing, paving, matchmaking and
draining the same, and the probable cost of
bridges tfestles, and other details of the i'm
provement; and they shall also estimate all
NCHeo
Judgment will be necessarily Incurred in the
construction of such road or street and
branches thereof; after estimating and de-
terming as aforesaid the probable total cost of
construction, said commissioners shall ascer-
certain nd determine what lands in such town
or township will be specially benefited by
the construction of such road or street and
branches thereof. and shall make map show
ing such lauds and each separate lot or par
Gel of land which will be so specially benefit
ed, on which map each lot or parcel shall be
designated by letter or number; they shall
then make an assessment of the total cost
of construction. estimated as aforesaid, as
follows they shall assume upon the town or |
township at large an amount equal to thirty |
per centum of such estimated total cost, and
the residue of such estimated total cost they
shall assess as far as practicable, upon the
lots and parcels of land in such town or town
ship which will be specially benefited in pro.
portion to the benefit which each lot or par
Gel will receive. and no lot or parcel shall be
assessed more than it will be SO specially
benefited, and if the aggregate amount of
such probable assessable special benefits shall
be less than the said residue of the estimated
total cost of construction, the excess of such
cost shall be assessed upon the town or town
ship at large; they shall make a schedule
which shall accompany their said map in
which they shall set forth the letter or num-
Der of each lot or parcel of land assessed, the
names of the owners thereof so far as the
same can be ascertained by them, and the
amount OF probable assessment for special
benefits thereon; the said commissioners
shall make report in writing to the council
or township committee of the facts and mat
tiers ascertained by them, and of the deter
limitations, estimates, appra1sements and as
sessments made by them, which report shall
be accompanied by the surveys, maps, plans
and schedules by them made.
L. And be it enacted, That upon receiving
such report the town council or committee
shall file the same with the clerk of the town
or township, and shall, by resolution. app
point the time and place when and where
they will meet to consider the same and All
objections in writing that may be presented
| thereto, which tune shall not be less than six
tl.n srNf4 10.
| resolution; and il shall be the duty of the
| town clerk to publish in at least two news
papers published In the cou1ty in which such
| town or township is situated. for at least
| three weeks successfully next preceding the
| time designated in said resolution, at least
| once in each week, notices setting forth that
| the report, maps, schedules, assessments de-
examinations and estimates of the commits
| sloners have been filed with him, and specify
| ing the time when and the place where the
| town council or committee will meet to con-
| slider the same and all objections thereto
that may be presented in writing; such
notices shall also designate the limits in such
| town or township within which the lots or
| parcels of land assessed are included; said
| town clerk shall also post printed copies of
| places in such town or township at least
| fifteen days prior to the time designated in
| the resolution aforesaid; the owner of any
| lands shown on the assessment map and
schedule of the said commissioners shall have
| the right to file with the town clerk obiec-
| lions in writing to the construction of such
| road or street and branches thereof at or be-
| fore the time appointed in and by the resou-
| ton aforesaid; at the time and place APP
pointed by such resolution, the council or
| town committee shall meet, and the town
clerk shall lay before them all objections in
writing which shall have been filed with him,
| and thereupon the council or township com
| mittee shall proceed to consider the report of
| the said commissioners and the objections
| thereto; and at any time thereafter the coun-
| ell or town committee may by the votes of
| majority of the members thereof, pass or
| adopt II resolution confirming the report of
said commissioners provided; however, that
| no resolution confirming such report shall
| be passed or adopted and no road or street
| shall be built or constructed III IL appear that
| the owners of lands assessed for more than
| one-half of the aggregate assessable special
| benefits Excluding amounts assessed upon
the town or township have objected there
| TO.
| g. And be 1t enacted That at any time
| after the adoption of tho resolution confirm
| Ing the report of said commissioners as afore-
| said the said council or town committee may
| acquire by purchase and may accept dona-
| lions and dedications of lands improve
| ments, right OF way and other easements re-
CURED IN the construction of such road or
| street and branches thereof. whether the
| same be within such town or township or in
| such adjoining city. and In case said council
| or town committee shall not be able to ac-
| quire by agreement with or purchase from
| the owner or owners thereof the lands, i'm
| provements. right of way and other case
ments necessary for such road or street and
| branches thereof, or when by reason of alb
| sence or legal incapacity of such owner or
OWnerS, OF any OF tneln SuCh agreement or
purchase cannot be made u particular des-
cription of the lands improvements. right of
| way and other easements required shall be
| given in writing ty said cofncil or town
| committee and also the name or names of
| the occupants IL any, and of the owners IL
| known, and their residences If the same can
| be ascertained, to one of the justices of the
| supreme court of this state. who shall cause
| said council or town committee to give no.
tice thereof TO the persons interested IL
| known In this state, or if unknown and out
| of this state to make publication thereof as
| he shall direct for any term not less than ten
| days and TO assign a particular time and
| place for the appointment OF the commits
sioners hereinafter named, at which time.
| upon satisfactory evidence to him of the SER
| vice of publication OF such notice aforesaid,
| he shall appoint under his hand and seal
| three tudicious disinterested and impartial
freeholders. residents in the county In which
| such town or township Is situated. commits
| sioners to examine and appraise the said
lands, improvements right. of way and
| easements and to assess the damages upon
| such notice to be given to the persons in
| terested as shall be directed by the justice
| making such appointment. to be expressed
| therein not less than ten DAYS, and 1t shall