The Lambertville record. [volume] (Lambertville, N.J.) 1872-1968, 1894-07-11
CHAPTER cccxxvIII.

An Act to enable cities to construct sewers
through ancient, unnaylgable creeks or
water COURSES
l. Be 1t enact ed by the Senate and General
Assembly of the State of New Jersey, That
in any city in this state, wherein any unnav-
igable creek or water course now exists into
be lawi ul for the official board of such city
having the charge and control of sewers in
such city. upon application in writing Of nifty
owners OF land drained by such nnnayigable
creek or water course or sewer enptyinR into
the same, to cause to be constructed through
such ancient unnavlgable creek or water
course an enclosed sewer connecting with
the sewers emptying into such creek or water
course and from such point in such ancient
creek or water course, or from such bound
AIRY thereof to such point in said creek or
water course, or to such outlet of same, as
shall be determined upon or as shall be set
forth In said application, or to such outlet
upon any OF the tide waters or other waters
bounding upon such city into which the sew
ers thereof now enter and further to cause
such ancient creek or water course TO be
tnereupon hlfeu up provided, however, That
such sewer shall be so constructed so as not
TO empty into or permit. directly or Indirectly
the passage thereby Of sewage into any tide
water basin established by or under the
authority of this state.
q And be it enacted That upon said appli-
cation 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 IL now provided by law for
proceedings TO construct sewers in such city.
-.
ceeding one-half of the cost and expenses of
such Improvement, including the cost of real
estate required therefor AS hereinafter pr0vid-
ed there shall be assessed by the officers
charged with the duty of making assessments
in such city upon the property benefited there
by, such portion of said sum not exceeding
one half of the cost of said improvement as
will be equal TO the amount of the benefits nc
quired.by said ty.prOporti0ned.equ itably
to the benefit of each piece of property shall
be deemed TO acquire provided, that when
nfG lIpi lfttIar Mt RN-
tended TO other property by the building Of
lateral sewers or connections, there shall In
like manner be assessed upon such property u
Just portion of the costs and expenses of such
improvement, which assessment may be made
in connection with an assessment for such lat
leral sewers or us an independent assessment.
4. And be it enacted, That the remainder of
the costs and expenses of constructing such
improvement, 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 pay the same, which
bonds shall be of such denomination, form,
terms and conditions and bear such rate OF
interest not exceeding six per centum per an
mum. MS shall be determined by the legislative
body of such city having charge OF the finan-
ces thereof, and shall be executed under the
common seal of the city and the signature OF
the mayor or other officers thereof.
8. And be II enacted. That when any such
improvement shall be located upon any land
other than public highways or streets and
such land or any easement. right or estate
therein shall be necessary for the construc-
ton of said Improvement, then II shalt be
lawful for said city to acquire. by purchase,
the said land in fee simple, or by condemns
ton any easement, or right therein, III con-
domination proceedings are necessary, the
proceedings for acquiring right OF way
through such property shall conform to the
proceedings now provided by law for the &C
quiring of land for the opening of streets in
such cities; In case 1t shall be necessary to
cross any lands of the state under water In
construction of such Improvement for the
purpose of obtaining an outlet or otherwise.
IL shall be lawful to take and use such lands
for that purpose; the money for such I'm
provement may be raised by the sale of I'm
provement certificates. or temporary loans
Issued according to the provisions of law
governing said city, the issue and sale where
Of, for the purpose of this act are hereby au'
tho fized.
o. And be II enacted. That all benefits which
may be received from assessments made for
connection 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
centnm and not more than three per centum
OF the principal of such bonds. and the same,
when collected, snail be paid into the same
fund for that purposes; provided. That this
act shall not affect any existing suit.
| Z. And be II enacted, That this act shall
take effect Immediately.
| Passed May "a, 1894.