The Lambertville record. [volume] (Lambertville, N.J.) 1872-1968, 1894-07-04

81 And he it enacted, That upon he ratification
of any such assessment of benefits the report there
of shall be transmitted Immediately TO the officer
charged by law with the collection of taxes aud il
shall be the duty of such officer thereupon to give
notice, in two OF the newspapers published in the
said city, that such assessment has been duly re-
turned TO HIM for collection; all such assessments
shall draw interest frOu the date of confirmation at
the rate of seven per centum per annum. and, with
the costs of collection, shall be and become, from
the date Of confirmation, first and paramount lien
upon the lands and real estate so assessed, which
lien shall remain until such assessment is paid.
%. And be 1t enacted That it shall be the duty of
the collector of taxes tn whom any such assessments
shall have been returned in addition to the pubca-
tion of the return thereof to him for collection as
herein provided, far practicable, to cause u
notice to be given to every person assessed of the
| amount of the assessment so made against him or
her, with the costs which have been incurred in the
collection of the same and the interest which has
accrued thereon but it, for any reason, such notice
is not given 10 received by the person persons
assessed ii shall In way impair the right OF the
city TO collect the assessment made: in all
in which assessments so made and returned shall
remain unpaid for the space Of six months Iom the
date of confirmation il shall be lawful to collect the
same by sale of the property assessed and II shall
be the duty of the said collector within year
after any such assessment shall have been returned
TO him. to make sale AS herein directed; he shall
before making such sale, make advertisement there
of in two OF the newspapers published in said city
for the space OF four weeks, least each week
giving notice OF the time and place of sale together
with description OF the lot or tract of land as
sesSed by the letter number by which il is desg
mated on the city atlas, and specifying The amount
of money so assessed laid ont and expended ON the
same; and he shall at the time and place desg-
mated sell the said land and real estate at public
sale for the lowest term of years at which any per-
son will agree to take the same not exceeding fifty
years, and pay the assessment with interest thereon
and all other expenses incurred subsequent to the
confirmation thereof and thereupOn the mayor of
SAID city, al the request of the common COUNCIL and
under its corporate seal shall make, execute aud de-
liver declaration OF sale to purchaser thereof, and
such purchaser, his executors, administrators or
assigns, by virtue thereof and under the authority
of this act, shall lawfully hold and enjoy the said
lands and real estate, for his and their own props3
use, until said term shall be fully completed and
ended aud they shall be at liberty TO remove there
from all buildings and improvements they shall
erect or place thereon during the said term, and
every such purchaser, his heirs and assigns, shall
pay all taxes which shall be lawful, assessed
against the said lands and real estate lurng the
said term provided, however that if n owner of
any such lands and real estate, any .rson hav-
ing an estate therein or any mortgage thereof,
shall within six months after sale pay to the
purchaser, his executors administrators or assigns,
the amount of money paid by him TO said city,
with the amount paid for any Improvement made
thereon and all taxes paid by such purchaser, with
interest the rate of twelve per ceL um per annum
such owner, or person having an estate therein or
MORTGAGE as the case may be- shall be entitled TO
reeneT and repossess the said lands and real estate
and hold the same and have such rights therein as
if the said sale had not been made.
so. And be II enacted, That 1t shall be lawful for
the common council in every ease TO cause so much
of the cost, damage and expense of any public inn
proyement authorized by and made under the
authority of this act, represents the special aud
peculiar benefit conferred upon the owners of land
and real estate benefited thereby, TO he assessed
thereon IN the manner herein provided, in proper
ton 10 the benefit each shall be deemed TO acquire,
the balance of such cost damage and expense To be
imposed upon aud borne by the city and I8ovided
for by general taxation; or the said common coun-
Gil may, at its option, provide that the entire ex-
peuse of any such Improvement shall be borne by
the city at large, and shall have power within the
limitations herein imposed, to provide therefor by
taxation
60. And be it enacted That 1t shall be the duty of
the common council to establish, by ordinance, the
grades of the several street and alleys which now
may hereafter he ned in such city, and il shall
not be lawful after the same shall have been estab
lished TO alter the grade of any street alley ex
cept by ordinance nor shall any such ordinance he
passed until common council shall have caused
notice of such contemplated alteration to he served
upon the Of lots fronting or bordering upon
that part oil said street alley, the grade OF which
is be proposed to be altered to be published for
two weeks In two of the daily papers of such city
winch notice shall state the time when the common
council will proceed TO consider said matter, which
time shall not be less than two weeks from the time
of serving first publication of said notice; at the
time said matter shall come up for consideration Of
the common council, all persons interested may APP
pear and be heard by themselves their counsel for
or against the alteration proposed; all changes
which such alteration or grade may render neees-
sary in cutters, sidewalks, front fences or other
property of any landowner shall he made by the
common council at the time OF altering such grade
and said common council shall have right TO re
cover of amy landowner who applicant for
such alteration the expense of making such change
in his or her gutter, sidewalk front fences or her
property together with costs of suit by an action of
debt in any court of competent jurisdiction, In the
name OF any such city against such landowner for
so much money laid out and expended by them ioI
the use of such owner, and declare generally and
give the special matter in evidence,
g. Aud be il enacted. That the common council
are hereby authorized and empowered 10 pass aud
adopt such ordinances, rules aud regulations as to
said council may seem proper, for regulating. CON
trolling and prescribing the manner IN which any
sewer or drain constructed lay order of said council
shall he used and the manner in which connections
Herewith from any house, building. yard or other
place shall be made, and for the keeping of the same
in proper repair, and providing Tor me costs thereof
and sewers and drains constructed under the pro-
visions of this act shall be constructed IN accord
anee with the maps and surveys made, or herinatter
To be made Tor that purpose.
81. And be IL enacted, i hat all assessments upon
lot owners in said city, which may he made for any
purpose authorized by this act, to be authorized
by law shall he made upon the lots or subdivisions
OF lots they stand recorded ON the city atlas and
in advertising the same tor such assessments or Tor
taxes or in entering liens thereon II shall be sull
cieni 10 describe said lots subdivisions OF lots by
the letters and numbers aud streets by which they
are distinguished on the city atlas, together with
the name names of the owner OF owners thereof,
the appears IN the register by the eiy sur
yeyor if IN any the name of the owner or own
ers il unknown and cannot be asceriained, such
assessments may he made against the lots as so desg
mated with the declaration that the owners name Is
unknown. .
g. And be II enacted That whenever by the
Judgment OF any court wherein any certiOrari has
been is or may he brought, or any assessment made
under the provision OF this act has been or Is set
inside or reversed for rregularity or in0rmHlity IN
such assessment, II shall be lawful for the common
council to cause new assessment 10 be made OF so
much OF the amount Of the original assessment as
may b. so set aside, or Of the amount thereof still
remain unpaid to become lien as Of the date of the
rmation OF the original assess ment, aud to he
M oceeted with in all respects in conformity with
/ hn
thereto.
GA Aud he it enacted, That whenever. by reason
of nuy inOrmality OF ilegality in any proceedings
of the said common council or Of the board OF city
assessors, surveyor or other agent Of the common
council official OF the city, In laying out, opening
altering, widening closing streets, avenues or
nublic squares. or in grading altering the grade,
paving, cuibing, guttering ana Tagging the side
walks of any street avenue, or constructing any
sewer DRAIN any assessment shall he set aside by
judicial authority il shall he lawful for the common
council to reinsttute the proceedings set aside
upon the same basis upon which the original pro-
ccedings were based. or otherwise II they see TT 50
ia do and lawfully proceed therein the same
though the former proceedings had not been had or
the said common council may reinstitute SAID pro-
ceedings from the point where such iniornality or
iegaty may have been SO decreed and whenever
I he common council shall discover that any such
are liable to be set aside by Judicial
authority, they may reiDstitute said proceedings
from the point where such informally illegality
commences and assessment shall be deemed In.
valid in consequence thereof but no writ OF cerio-
shall he allowed or lssltu 70 HSstSh"
ments made upon the owner or owners OF lands aud
real estate for any work Improvement made or TO
be made unless the same may be applied for within
sixty days after the confirmation of such assessment
by the common council of such city.
Co And be il enacted, That whenever any public
improycment shall be made or ordered to be made,
and the expense thereof ordered to be assessed by
the board of city shall be Interested III said
Improvement, either as an owner OF property 10 he
taken or 10 be assessed Ia any other way except
merely as a taxpayer In said city, such assessor
shall not be deemed competent to assist IN making
the assessmet connected with such improvement,
hut the common council shall by majority vote of
all its members elect dsinterested resident in
said city 10 act with the remaining members OF the
board Of assessors max ing said assessments such
person before entering upon said duties, shall take
and subscribe an oath affirmation before the city
clerk to be filed by him. faithfully and honestly to
perform said duties no report OF assessment shnll
be considered Illegal in consequence of the ineom-
peeney OF any of the persons making such report
If a majority OF the persons making such assess-
ments were competent and disiDterested and II
shall be lawful for the common council TO make
such reasonable compensation for the services Of any
nc rson 30 appointed 10 fill such vacancy rs II may
determine.
&C. And he IL enacted, That II shall be lawful
whenever the common council shall deem II neces-
sary and for the public good TO purchase or con-
denim the plant property and franchise Of any per-
son or corporation used for the purpose of supply
ing any city or the inhabitants thereof with gas,
electric or other light, or with water, or for the
removal and dispOsilou of the sewage thereof; and