The Mount Holly news. [volume] (Mount Holly, Burlington Co., N.J.) 1891-1942, 1894-08-28


Ana to enable cities to construct sewers through
ancient unpavgable creeks OF water courses.
1. Be it enacted by the Senate and General As
sembly Of the State Of New Jersey, That in any
city in this state wherein any unnayigable creek
water course now exists. into which sewer OF
said city now empty it shall he lawful for the of
fetal board OF such city having the charge and
control Of sewers in such city, upon application in
writing of fifty owners of land drained by such
unnavigable creek or water course or sewer emp
tying into the same, to cause to be constructed
terOugh such ancient unnavigable creek or water
course an inelostd sewer, connecting with the
sewers emptying into such creek or water course
and from such point in such ancient creek or wa
ter course, or from snch boundary threOf to such
point in said creek or water cOurse to such out
let of same, as shall be determined upon as
shall be set forth In said application, to such
outlet upon any of the tidewaters other waters
bounding upon such city into which the sewers
thereof now enter and further to cause such an
cent creek or water course to be thereupon filled
up; provided, however, that such sewer shall be
constructed not to empty into or permit, d-
into any tidewater basin established by or under
the authority of this state.
?. And be 1t enacted That upon said applica-
ton being filed with such board having charge of
sewers in such city, said board shall thereupon
proceed to act upon the same in the same manner
as is now provided by law for proceedings TO con-
struct sewers in such city.
8, And be it enacted, That of a sum not exceed
ing one-half of the cost and EXPENSES of such i'm
provement including the cost of the real estate
qured therefor, hereinafter provided there shall
be assessed by the officers charged with the duty OF
benefited thereby, such portion of said not
exceeding one-half OF the cost of said Improve
ment as will be equal to the amount OF benefits ae-
CURED by SAID property prOpOrtiOned eQuitahly e.
the benefit each piece of property shall be deemed
to acquire; provided, that whenever the benefits
of such improvement are extended to other pro
perty by the building Of lateral sewers or connee
tons, there shall in like manner be assessed upon
such property just portion of the costs and ex-
penses Of such improvement, which assessment
may be made in connection with an assessment for
such lateral sewers or as an independent assess
ment.
4. And be it enacted, That the remainder of the
costs and expenses of constructing such improve
ment, including the cost OF real estate acquired
therefor shall be paid by the city, and such city
may issue its bonds to the amount necessary to paw
the same, which bonds shall be of such denomina-
ton, FORM terms and conditions, and bear such
rate of interest not exceeding six per centum per
annnm, as shall be determined by the legislative
body Of such city having charge of the finances
thereof, and shall be executed under the common
seal of the city and the signature of the MAYOR OF
other officers thereof.
5. And be it enacted, That when any such i'm
provement shall be located upon any land other
than public highways or streets, and such land OF
any easement, right estate therein, shall be nee
essary for the construction Of said Improvement
then it shall be lawful for said city to acquire. by
purchase, the said land in fee simple, by con
domination any easement, right therein. II con
domination proceedings are necessary the proceed
ings for acquiring a right OF way through such
provided by law for the acquiring of land for the
opening Of streets in such cities; in it shall
be necessary TO any lands of the state under
water in construction of such improvement for
the purpose of obtaining outlet or otherwise
it shall tie lawful TO take and use such lands for
that purpose; the money for such improvement
may be raised by the sale of improvement certih-
Gates, or temporary loans issued according to the
provisions of law governing said city, the issue and
sale whereof for the purpose of this act here
by authorized.
6. And be it enacted, That all benefits which
may be received from assessments made for con
nectons with lateral sewers shall be paid. when
received to the commissioners Of the sinking fund
of such city for the redemption and payment OF
the bonds issued under the authority of this act
and in addition thereto there shall be placed in the
tax levy OF such city annually sum not less than
two per centum and not more than three per cen
tum of the principal of such bonds, and the same
when collected, shall be paid into the same fund
for that purpose provided, that this act shall not
affect any existing suit.
T. And be it enacted, That this act shall take eff
feet Immediately.
Passed MAY "a 1891