The Lambertville record. [volume] (Lambertville, N.J.) 1872-1968, 1892-07-06

such resolution in at least ten public places
IN IL, sald munieipalty' ana publishing the same
IN manner aforesaid in a newspaper if there
DC one published in said municipality
.: And be it enacted, That the election shall
be held at the time stated in said resolution
and that the election of officers elected at the
last municipal election held in said munieipaI.
lty shall serve at said election; vacancies to be
nled as they are in generalmunicipal elections
in said municipality; and the polling places
snail be the polling places used at the said
IasI elec ton, unless said governing body
ing places the polls shall be open at the same
hour as they do in all municipal elections
held In said municipality, and said election
shall be conducted in all respects in the same
manner as all such municipal elections are
conducted in such municipality.
4. And be it enacted, That all ballots cast Mt
said election shall have the following words
printed or written therein, viz: For improv-
ing - street. dnsert name of street, or
name of street,; each ballot may be in favor
of, as well, as against. improving certain
the same may be printed on and voted with
the official ballots cast at the municipal cleo
ton when held on the same day.
D. And be it enacted, That if majority of
the ballots cast at such election are against
| improving the streets or avenues named there
in the said governing body shall proceed no
further and no other election concerning the
streets or avenues named in such ballot shall
be held within one year from the holding of
said election.
6. And be it enacted That if a majority of
/ said ballots cast at said election are in favor
| of improving certain streets or avenues nam
/ ed therein. it shall be lawful for said govern
| ing body TO proceed at once to advertise for
at least two weeks, once in each week, in
newspaper published in said municipality, for
bids for making such Improvement, and that
| such work shall be done by written contract
| by the lowest responsible bidder.
| q And be it enacted, That au accurate ac-
| count of the cost of such Improvement shall
| be ascertafned by said governing body as soon
| as possible after the completion thereof aud
nsd AND w,dn ,ee !, e'erS OF sal qba
| provement aforesaid shall have been COM
| pleted and the statement of the cost thereof
| filed with the clerk of said municipality as
| prescribed by the seventh section of this act.
i said governing body shall give notice of the
! appointment of said commissioners to esti-
| mate and assess the peculiar benefits confer
| red by such improvements upon the land and
| real estate fronting I bordering on the street
| or streets, or section thereof improved of the
| time aud place of which appointment, notice
| shall be given by two weeks publication in
1 two weekly newspapers printed and crcula-
i ted therein at which time and place. or at
| such other time and place as the governing
| body shall designate, said governing body
shall, without unnecessary delay, appoint
| three commissioners who shall be freehold
| ers and residents of the municipality to esti-
mate and assess the benefits aforesaid the
| said governing body shall have power TO re-
/ move any commissioner and appoint another
| in his place, and also to fill any vacancy that
may occur in the Office of any commissioner
| from any cause.
| O. And be it enacted That said commission
| ers. before entering upon the duties re-
| CURED OF them by this act, shall take and
| subscribe before some person duly authorized
TO administer the same, an oath or aifirma-
| ton that they wilt make all assessment and
| estimates required of them, fairly, legally
| ana equitabiy, according TO the best of their
| skill and understanding, which oath or
| affirmation shall be attached to the report
/ that they are hereinafter required to make.
10. And be it enacted, That the said COM
missioners having thus qualified shall give
notice, under direction of said governing
body of the time and place when and where
thew shall hear In fnfa roct m.
| who may present themselves to be heard and
| at such time and place, and at such other
| times and places to which they may adjourn
| for that purpose the said commissioners
shall attend and shall give public hearing
| to those persons in interest who may desire
| to be heard; the said commissioner shall
have the power to examine witnesses under
oath, TO be administered by any one of them
and to enter upon and view the lands and
real estate front or bordering on the street
or streets, or section thereof improved and
to adjourn from time to time in their discre-
they shall use diligent efforts to ascertain the
names of the owners of the lands fronting or
bordering on the street or streets or section
thereof improved, and shall state the same In
the report hereinafter mentioned; but the
failure to ascertain the name of any owner
or to state the same correctly, or the omis
sion of any such name from such report shall
not inyalidate such assessment, nor be bar
TO the collection of the same.
IL. And be it enacted, That after having
given opportunity as aforesaid for public
hearing of the persons in interest, and hav-
ing viewed the lands fronting or bordering
on the street streets section thereof
improved as aforesaid. the said commission
ers shall make report within forty-five days
after their appointment, in writing, of their
estimates and assessments to the said govern
ing body, accompanied by a survey and maps
prepared under their direction, showing the
several tracts or parcels of land and real
estate fronting or bordering on SAID street or
streets or section thereof, the said report
sh all state the cost of the whole work, which
may be furnished to the commissioners by the
clark of q rnnninipaIit.V from the
filed with him under the requirements of the
seventh section of this act. and shall give the
names so far as ascertained, of the owners of
the tracts or parcels of land or real estate
fronting or bordering on said street or streets
or sections thereof and the amount of the as
sesSments to the owner or owners OF each of
said tracts or parcels of land and real estate
for the said benefits which several assess
ments shall be in proportion, as near as may
be- TO the peculiar benefits deemed to have
been conferred by said improvements upon
the respective tracts of land and real estate
aforesaid; in no case shall any tract or parcel
of land and real estate or any owner thereof
be assessed beyond the amount of benefit
actually derived from said Improvement, nor
shall the aggregate amount of assessments
imposed upon the tracts or parcels of land
and real estate fronting or DC rdering ON said
road or section thereof, exceed hfty per
centum of the total cost OF the Improvement,
nor shall the amount of assessment imposed
upon any tract or parcel of land and real
estate, or any owner thereon, exceed twenty
five per centum of the whole cost of such i'm
provement i'm front of such tract or parcel of
land and real estate and shall in no case ex-
coed the special benefit derived from said inn
provemcnt.
II. And be it enacted, That upon the com
ing in of any such report, signed by the said
commissioners or any two of them, said gov
erning body shall cause such notice to be
given as it shall deem proper, OF the time and
place of hearing any objections that may be
made to such assessment, and after hearing
any matter which may be alleged, against the
same the governing body, by resolution
shall confirm the said report, or shall refer
the same TO the same commissioners for cor
rection and revision, or TO new commission
ers to be appointed by the said governing
body forthwith to reconsider the subject
matter thereof and the said commissioners
to whom such report shall be referred by the
govei ming body shall return the same cor
rected and revised, or new report to be
made by them in the premises, and the said
governing body without unnecessary delay,
aud the same being SO returned shall be con-
tirmed or again referred by, the said govern
ing body in the manner aforesaid, as right
and justice shall require, and so from time
to time until report shall be made or re-
turned in the premises which said governing
body shall confirm; such report when so con-
| firmed, shall be final and conclusive as well
| upon the said municipality as upon the own
ers of any land and real estate affected there
| by; said governing body shall thereupon
cause said report to be filed with the clerk,
and certified copy thereof and of the
companying map and of the resolution con-
| firning the report to be delivered to the col
lector of taxes of said municipality, in which
the assessed lands may lie.
To- anu Dt IL tUdCJcuf luhJ DO ttiIiOTHfl
| shall be allowed by any court to review any
| of the proceedings in relation to such i'm
provement, nor to in any way fleet any as
| sessment made by such commissioners after
| lapse of thirty lays from the making of the
resolution of the governing body confirming
| such assessment; the governing body shall
| designate what notice, IL any, shall be given,
| by publication or otherwise of the contirma-
| ton of the report of said commissioners.
| a. And be it eacted That the assessment
| made by the commissioners shall b and re-
/ main a lien upon the lands assessed from time
| 10 time. said report shall have been delivered
| to the collector of taxes of said municipality,
/ in the same manner and to the same extent
| that taxes are liens upon the lots or tracts of
| land In said municipality.
| 15 And be it enacted, That the collector of
| said municipality shall, as soon as said report
| is delivered to him, proceed to collect the as
| sessfnent named in said report, and shall no
| tice by advertisement in two newspapers
printed and published in the municipality for
| two weeks at least, once in each week success
i sively stating IN general terms the lands com
| prised in such assessment and requiring the
| owners of lots and tracts of lands assessed in
such report to pay the amount to him within