Proviso. Proviso. Proviso. Repealer. city in this state by ordinance to authorize and regulate the payment of taxes levied in any year by off-setting claims held by tax-payers against the city for current expenses of the same year; provided, the bills for such current expenses shall be duly ordered paid according to law; and provided further, that no such off-set shall be made until after the payment of the quota of state and county taxes in full; and provided further, that this act shall not apply to cities the financial department of which do not possess the legal power to adopt ordinances. 2. And be it enacted, That all acts and parts of acts general and special inconsistent with the provisions of this act be and the same are hereby repealed, and that this act shall take effect immediately. Passed March 4, 1884. Lawful for town ship committee system of sewage or drainage. CHAPTER XXIV. An Act to provide for drainage and sewage in densely populated townships, in which there is a public water supply. 1. BE IT ENACTED by the Senate and General Assembly of of certain town- the State of New Jersey, That in any township in this state ships to provide in which the population has become, or shall hereafter become, so dense as to average not less than two thousand inhabitants to the square mile of territorial area contained in such township, and in which a supply of water for public and domestic use is furnished or shall be furnished from water works, it shall be lawful for the township committee to provide for, obtain and cause to be constructed a system of sewage, or of drainage, or both. May cause surveys, plans and estimates to be made. 2. And be it enacted, That it shall be lawful for the township committee of such township to cause to be made surveys, plans and estimates by competent engineers and mechanics, sufficient to demonstrate a practicable and efficient system of sewage and drainage for such town Y ship, including the disposition of house sewage and waste. sewers and drains 3. And be it enacted, That it shall be lawful for the town- May cause ship committee of such township whenever in their to be constructed. opinion the public good demands it, by ordinance to cause sewers and drains to be constructed in any part of such township, and if necessary, to take and appropriate for the purpose of constructing such drains and sewers any lands and real estate upon making compensation to the owner or owners thereof as is hereinafter mentioned and provided. advisable may to tide water, &c. 4. And be it enacted, That in case the said township When deemed committee shall deem it advisable in order to the efficient construct sewer sewage or drainage of such township, to build and construct a sewer or sewers to tide water, and for this purpose to pass through territory situated within the bounds of any other municipal corporation or corporations, it shall be lawful for such township committee to build and construct such sewer or sewers to tide water, and to take and appropriate for this purpose any lands and real estate, and to lay down and examine, repair and replace such sewer or sewers in, through or across any public street or highway, upon making compensation to the owner or owners thereof as is hereinafter mentioned and provided. with authorities for the privilege sewers and 5. And be it enacted, That in case the township commit- May contract tee shall deem it expedient to contract and agree with the of adjacent city municipal authorities of any city whose territory adjoins of connecting that of such township for the privilege and right to con- drains. nect the sewers and drains of such township with those of such adjacent city in such manner that the sewage and drainage of such township or city shall flow into and through the sewer or sewers of said city or township, it shall be lawful for the township committee of such township, and for the common council or other governing body of such adjacent city, to enter into and make a contract and agreement in writing in behalf of the municipal corporations which they represent, for the right and privilege aforesaid, upon such terms and for such consideration and during such period as may be settled upon and determined by and between the said township committee and the said common council, and any such May collect and utilize or dispose of sewage, &c. When ordinance shall be passed for making im provement further ings may be by resolution. Authorized to treat with owner and purchase lands or real estate necessary of sewer, drain for construction or receptacle. Proceedings when township committee and owner cannot agree as to price of lands or real or compensation estate. contract duly made and ratified by such township committee and such common council shall be the valid contract of such township and of such city during the period and according to the stipulations therein expressed. 6. And be it enacted, That in case the township committee of such township shall deem it to be practicable and expedient to collect the sewage of such township, and to deodorize, utilize, consume or dispose of the same, by sale or otherwise, wholly or in part, it shall be lawful for said township committee to purchase lands in the corporate name of the township, and to erect all necessary buildings, works and machinery thereon, and to take and appropriate for such purposes any lands and real estate upon making compensation to the owner or owners as hereinafter mentioned and provided. 7. And be it enacted, That whenever any ordinance shall be passed by such township committee, for making any improvement or performing any work under and by virtue of the provisions of this act, all further acts and proceedings which it may be necessary for said township committee to take to carry out said improvement or work to completion, and all orders relating thereto, may be by resolution and not by ordinance. 8. And be it enacted, That whenever the township committee shall determine by ordinance to make and construct any sewer or sewers, drain or drains, or any sewage receptacle, or works or place for treating and disposing of sewage, and shall deem it necessary to take and appropriate for any such purpose any lands and real estate, either within said township or beyond its limits, they are hereby authorized to treat with the owner or owners thereof for the same, and they may purchase said lands and real estate from the owners of the same and make such compensation therefor as they may deem reasonable, and thereupon shall receive from such owner or owners a conveyance of such lands and real estate to the inhabitants of such township. 9. And be it enacted, That when the township committee cannot agree as to the price or compensation with the owner or owners of any lands and real estate which they may deem it necessary to take and acquire, or when by the absence or legal incapacity of such owner or owners SESSION OF 1884. no such agreement can be made, it shall be lawful for the circuit court of the county in which such lands and real estate are situated, on application in writing made on behalf of such township committee, and after notice of the time and place of making such application published at least ten days previously thereto in some newspaper circulating in the said county, to appoint three disinterested commissioners who shall make an estimate and assessment of the damages that any such owner or owners will sustain, as well for the taking of his, her or their lands and real estate, with the appurtenances, as for the injury to the owner or owners by reason of the intended improvement. If any of said commissioners die or refuse to act the said court shall immediately make appointment of a proper person to fill any vacancy so created. The shall be sworn to make a just said commissioners a report in and impartial estimate and assessment, and shall present without delay to the said court writing of such estimate and assessment which shall be sufficient if signed by a majority of said commissioners; the circuit court shall direct notice to be given by advertisement in some newspaper culating in said county for at least ten days of the time and place at which said court will proceed to consider said report and any objection that may be made thereto, and shall have power to consider said report and the objections thereto in a summary way, and to revise and to confirm said report with or without alteration; said report, when confirmed by the court, or a copy thereof duly certified by the county clerk, shall at all times be plenary evidence of the right of the township committee to enter upon, take and use the said land and real estate with the appurtenances; the township committee first tendering to the owner or owners thereof, if resident in this state, the amount so awarded to them; and if any owner is not a resident of this state, or on due inquiry cannot be found therein, or is a lunatic or idiot, or under age, or is for any other cause incapacitated to receive the amount awarded, or will not receive the same and sign a proper receipt therefor when tendered, then affidavit shall be made of the facts and filed in the office of the county clerk, and the amount awarded to any such owner shall be deposited cir Lawful for town- May borrow money and issue bonds to pay costs and expenses of improvements, &c. Proviso. Proviso. Legal voters of township may raise money to be expended in said circuit court before said township committee shall have the right to take and use the said lands and real estate; the court shall settle and determine the compensation to be paid to the commissioners, and the costs and expenses of the application and report which shall be paid by the township in behalf of which the application has been made. 10. And be it enacted, That it shall be lawful for the township committee to keep the sewers, drains and works in repair and working order, and to make, establish and enforce regulations and conditions as to the management and use of the same, and as to connections therewith, and they shall have power, and it shall be their duty, beneficially and efficiently to control the use of such sewers and drains and to prevent and stop all abuses and improper uses of the same. 11. And be it enacted, That for the purpose of paying the costs and expenses of the improvements and publie works, and of the proceedings in relation thereto, as mentioned in this act, or any of them, it shall be lawful for the township committee to borrow money from time to time, and to secure the payment of the same by issuing the corporate bonds of the inhabitants of such township, payable at such times as said committee may determine, which bonds, when issued by resolution of the township committee and under the township seal, shall be the valid obligations of such municipal corporation according to their tenor; provided, however, that said bonds shall bear interest at a rate not exceeding six per centum per annum, shall be sold for not less than their par or face value, and provided also, that in no case shall bonds be issued to an amount which shall cause the entire corporate indebtedness of such township, for all purposes, to exceed at any time ten per centum of the assessed valuation of property in said township as shown on the duplicate of assessment. 12. And be it enacted, That it shall also be lawful for the legal voters in such township at their annual meeting to under provision vote, grant and raise such sum or sums of money from year to year to be expended by the township committee under the provisions of this act as a majority of said legal voters shall determine. of act. |