The Mount Holly news. [volume] (Mount Holly, Burlington Co., N.J.) 1891-1942, 1895-06-25


erwise improved, as hereinbefore provided
in the following manner, namely, on the pc
titiOn in writing to the council by the owners
of one-sixth Of the lands fronting on the street
proposed to be improved, the council shall
by resolution, direct the city clerk to acver
tise such application or petition and the no
tice hereinafter provided for, for at least two
weeks, one in each week successfully. in one
or more newspapers of the city, or If there be
none, in one or more newspapers published in
the county and circulating in the city, ana to
post copies of the said petition and notice in
five public places in the city, designated by
the council, at least ten days prior to the time
fixed for the hearing of objections to such i'm.
provement; the clerk shall also publish and
post as aforesaid, with the petition, notice
signed by him, stating that objections in
writing to said proposed improvement shall be
filed with him, and designating the time and
place when and where the city council Will
meet TO consider such objections, which time
shall not be less than ten days after the date
OF the first publication of such petition and
notice as aforesaid; and the said clerk shall
also serve like notice on the owners OF prop
erty residing along the street or section OF
street so proposed to be improved, at least
five days before the time designated in said
notice; provided, however that no assess
ment shall be set aside or affected by reason
of the failure OF said CLERK TO serve such no
tice; ana at or before the time named in such
notice the said clerk shall file in his office aft
davits showing that such petition and notice
have been published and posted as herein re-
quired at the time named in such notice the
council shall proceed to consider such objec-
UlOnS dS Sudll nave D66H pI0Stnl0Qs anu II IL
appear that the owners OF a majority of the
land fronting on such proposed Improvement
have objected thereto, suchimprovementsh shall
not be made. and all costs and expenses in
CURED In such proceedings shall be paid by
the petitioners, to secure which the council
shall in all cases require a deposit OF twenty
dollars before receiving any petition; ana In
case the owners of a majority OF the lands
fronting on the proposed improvements have
not objected thereto, the council may, in its
discretion, determine not to make such i'm
provement in which case the deposit made
by the petitioner or petitioners shall be re-
turned to him or them and the defeat OF any
ordinance tor such improvements, introduced
before the council, shall be conclusive as to
the determination of the council not to make
such Improvement; at any time after the time
named in said notice OF objections, the cOun-
Gil may proceed to pass an ordinance tor
such improvement, and such ordinance
shall be valid If it describes in general Ian
guage the improvement required to be made
and done, and 1t shall not be necessary to
state therein any other matter or thing con-
nected with said Improvement; the city clerk
shall publish and post such ordinance in the
same manner and for the same time he is
required to publish and post the petition for
the Improvement described therein; and he
shall file in his office an affidavit showing
that such ordinance has been duly published
and posted; at any time after the passage of
such ordinance the council may require the
clerk to advertise for proposals for doing the
work and furnishing the materials necessary
for such improvement, in one or more news
papers of the city and in such other news
Gil. which proposals shall be presented in
such form and manner and under such regu-
lations as the council shall prescribe upon
the coming in OF such proposals the council
may enter into contract with the lowest re-
spons1ble bidders on the terms of their pro-
posals provided: however, that the council
may reject all bids II they deem II for the
interest of the city so to do. in which case
they shall again advertise for proposals and
shall proceed In all things as If no proposals
had been offered and the council shall re-
nnfr6 the person nerCOnG PnfPrfnR into
contract with the city to give bonds with
ample freehold security for the due perform
ance thereof.
ST. And be it enacted, That ali proceedings
for the opening, widening, extending, grad
ing, regulating and otherwise improving
streets ana avenues which may be pending
and remain unfinished and incomplete at the
time of the Incorporation under or adoption
of this act by any town, borough, township OF
part thereof. shall be proceeded with and com
pleted under the flaws in force at the time
such proceedings were commenced, and as if
such town, borough, township or part thereof
had not become Incorporated under this act.
49, And be 1t enacted, That in cities hav-
ing sewerage system which is owned and
operated by the city in its corporate capa.
city, sewers may be built and constructed
in any of the streets of the city under the
control of the city authorities on the petition
of owners OF one-sixth OF the land adjoining
the proposed route of the sewer: and the pro
ceedings after receiving such petition, shall
be in all respects the same as are heTeinbe-
fore set forth for tagging and grading of
lating to Tagging and grading of streets shall
be applicable to proceedings for the construc-
ton of sewers, except as modified in and by
this section.
&c. And be it enacted, That the council NAV
appoint one or more inspectors over the work
and materials on any street or sewer or side
walk Improvement and may fix the cOmpen-
sation; the amount of such compensation
shall be included in and form part of the cost
of the Improvement.
TO- And be it enacted, That before the
council accept any work on any sewer OF
street improvement, or any final payment be
made to the contractor, the council shall pub
lish as aforesaid notice stating when the
council shall meet to receive and consider
objections in writing, the work and mate
rails done and used in such improvement,and
If any such objections shall appear to be
we'll founded, the council shall take such &C
tiOn thereon as in their judgment the inter
ests of the city shall require.
IL. And be it enacted, That where it shall
be necessary in the construction OF any pub
lie sewer to take or use private property tor
that purpose. the council shall have power
10 provide, in the ordinance for the building
or constructing of any such sewer. for the
taking OF such private property as is neces-
sary for made for lands so taken shall be de-
termined and made by the commissioners OF
assessment. who shall report the same to the
council and thereafter the proceedings shall
be the same in all respects as are hereinbefore
provided for opening of streets.
p. And be 1t enacted. That where any
city shall be so situated that it shall have
no immediate outlet for sewerage, except
nection with sewers existing or contemplate
ed to be built in adjoining municipalities II
shall be lawful for the city council of the
city and the governing body of such adjoin-
ing municipality to enter into contract for
the payment of a sum in gross by such city
for the right to connect with any sewer or
sewers in such adjoining municipality, and
the amount of such contract price shall be
included in the costs of making the sewer in
and through such city which It is proposed
municipality. and shall be assessed in the
manner hereinafter directed as If such con.
tract price were portion of the cost OF wholly
constructing the sewer within the territorial
limits of the city.
73 And be It enacted, That the council
shall have power to issue improvement Ger
tif1cates, payable within one year or less with
interest to the amount of eighty per centum
of the work done on any street, sewer OF
other Improvement when certified as correct
by the engineer in charge OF the work; anc
when the contract is fully completed and the
work is accepted. the city council may issue
a certificate for an additional fifteen per cent
nm of said work DONE and in not less thar
three nor more than six months after the
date OF the acceptance of the work may Is
sue a final certificate for the balance due
unless some error or detects in the work
shall have appeared, in which case the certifi
cate shall be withheld until the defect o.
errors are recti1ed to the satisfaction of thu
"a. And be it enacted. That The cost anc
expense of widening, opening or extending
grading, curbtng, tagging or macadamiZinl
any street. or constructing or extending am
sewer, and after the completion thereof tn
whole cost of any such street or sewer o
other improvement shall be ascertatned ant
determined by the commissioners OF assess
ment, and such cost and expense shall be as
sessed upon the lands and real estate special
| ly benefited by the improvement in proper
| ton to the benefit received the commission
ers shall file their report with the CT ty clerh
which shall be accompanied by map show
| ing what lots and parcels of land are benz
fitted by the improvement. the amount al
sessed as benefits upon each lot or parcel {
land. and the names of the owners of tn
several lots and parcels of land assessed, 5
| far as the commissioners can ascertain tn
same but no assessment shall be deeme
defective by reason OF any mistake in tn
names of the owners of lands assessed, o
emitting the said names of any of them tn
| clerk shall publish and post notices in tn
same way and manner hereinbefore present.
| ed for publishing and posting the petitio
/ for the Improvement ana its accompanying
notice, stating that the map and report c
| the commissioners have been filed I'm his o
| Ace and that the council viii consider an
| objections to such report, map and assesi
ment presented In writing on or before da
| named in such notice to be fixed by the cit
council, which day shall be at least ten day
| after the first publication of such notices
after considering such report, map ana a
\ sessment, and such objections as may hav
| been presented against the same, the sal
| council may confirm the said report, map an
assessment, or If deemed necessary may I,
| turn the same to the commissioners for n
| vision and correction, who shall return til
| same corrected and revised without unnece
| sary delay; ana thereafter the council MAJ
| without further notice, confirm the said ri
! port, assessment and map.
IS. And be it enacted, That no certiorar
| injunction or other writ of process shall b
allowed or granted to set aside any ord
nance for any improvement after the col
tract therefor shall have been awarded b
the council OF the city, and no certiorari. fl
| junction or other writ or process shall be a
lowed or granted to set aside any assessmeT
made for any sewer or street improvement
of any kind after thirty days shall hay
elapsed from the date of the confirmation {
such assessment by the council of such city.
rs. And be it enacted, That the city sha
not issue any bond or bonds for any purpos
whatever unless the proposal for the san
shall first be recommended by the mayor
the city council. then be approved by a m
iority vote of the said council and then SUI
mitted to the voters of the city at an annui
or special election, and a majority of II
votes cast at such election shall have vote
in favor thereof; and provided, further, thi
1t shall not be lawful for the city to issue i
corporate bond or bonds for any sum in IL
aggregate exceeding six per centum of II