OF CITIES AND TOWNS. principal proviso nate. The principal of such Bonds shall be made paya- Payment of ble in twenty years from the date of the issue thereof. The said Council of "The Town of Milton", reserving the power and authority of redeeming said Bonds or any part of them at the expiration of two years from the date of the issue of the same; provided, however, that if the said Council of "The Town of Milton" elect to redeem any of said Bonds at the expiration of two years as Redemption aforesaid, such election shall be affected on the first days. of July and January, and in pursuance of a notice to that effect published by the said Council of "The Town of Milton" in at least four issues of two newspapers, one Notice published in the City of Wilmington and one in Sussex County, and the said Council of "The Town of Milton" is hereby authorized to redeem said Bonds, or any part of them, at the expiration of any year from the date of the issue of the same, provided that the election and the publication shall be in the same manner in any year, as is provided for such election and publication at the expiartion of two years from the date of the issue of the same. In calling said Bonds for redemption and payment they shall be called consecutively, commencing with the lowest number, the interest on all said Bonds so called shall cease from the date of the redemption thereof and said Bonds when paid shall be canceled. If at any time before the issue of said Bonds and before they are payable or called in, any owner or owners of any such offer of reBond or Bonds shall offer the same for redemption, the owner of bonds Council of "The Town of Milton" may, if they deem it expedient, redeem and pay the Bond or Bonds so offered and cancel the same, the interest thereon ceasing from the date of such redemption. Section 2. That the Council of "The Town of Milton" shall direct and effect the publication and printing of the Bonds authorized by this Act, and shall prescribe the form of said Bonds which shall be signed by the Pres demption by Form of bonds Exemption from taxation To levy a spe ally to pay interest Limit to special tax sinking fund OF CITIES AND TOWNS. ident of the Council, and countersigned by the Treasurer of the said "The Town of Milton" and shall be sealed with the corporate seal of the said "The Town of Milton" and be exempt from all State, County and Municipal taxes. That the Council of "The Town of Milton" shall negotiate the sale and delivery of the said Bonds and the moneys arising from the sale of said Bonds shall be placed in the hands of the Treasurer of the said "The Town of Milton" to be used for the purpose of carrying into effect the provisions of this Act. Section 3. That the Council of "The Town of Milcial tax annu- ton" are hereby authorized and required to levy upon all the assessable property within the limits of the said Town annually a special tax sufficient to pay all the interest accruing on said Bonds, which the rents and revenues derived from said water works may be inadequate to meet, provided that this special tax shall not exceed Twelve Hundred Dollars ($1200.) in any one year. The said Council of "The Town of Milton" are further authorized and empowered at their discretion to levy a further special tax upon the assessable property within the Further special limits of said Town for the purpose of establishing a tax to provide sinking fund adequate to the redemption, at or before maturity, as prescribed in this Act of all the Bonds which may be issued under the provisions of this Act, provided that the amount to be raised for this purpose shall not exceed the sum of Three Hundred Dollars ($300.) in any one year. The special tax provided for in this section shall be collected from the assessable property within the limits of said Town in the same manner as other taxes levied by the said Council of "The Town of Milton" are collected. The sinking fund provided for by this Act shall be deposited in a Bank or Trust Company in Sussex County, or may be invested by the Council of "The Town of Milton" until such time as it be needed for the redemption of the Bonds on such may Limit to tax Depository for sinking fund OF CITIES AND TOWNS. surety as the said Council may approve. The Treasurer Treasurer and operation and sewerage system by the Council Section 4. The Council of the said "The Town of Mil- Construction ton" is hereby authorized and empowered to do all of water works things necessary for the location, erection, construction, equipment and operation of said water works and sewerage system, for furnishing the said Town of Milton with an ample supply of water and providing a sewerage system for the same, as aforesaid, and to purchase hose and hose carriages, and such other instruments and machines for use in the suppression of fires, as to said Council may seem expedient and to provide for the care and maintenance of the same, and to purchase engines, boilers, pipes, and all such instruments, machines, appliances and supplies as may be necessary for the purpose of establishing said water works and sewerage system in the said Town of Milton and for furnishing the citizens and inhabitants of said Town and a supply of water and a sewerage system for private and public use, and to affect this option shall have power to lay pipes under or along any of the roads, lanes or alleys of said Town, or any road adjacent thereto; and also to contract and agree with the owner,* owners for the operation or purpose of any and all taxes which may be necessary for the purpose of carrying into effect the provisions of this Act. If the owner or owners of said land or lands, or any of them shall refuse to permit the Council of "The Town of Milton" to enter upon and occupy said land or lands for the purposes aforesaid, and if such owner or owners be unable or unwilling to contract and agree with the said Commissioners upon the compensation to be made for any real or supposed injury that may be done to said *Printed as in original bill. damages ings and award Appeal from damages allowed OF CITIES AND TOWNS. lands by such entry and occupancy then the Council of "The Town of Milton" shall have power and authority to go upon said land or lands, and they, or a majority Assessment of of them after viewing the same may assess the damages of said owner or owners fairly or impartially under all the circumstances, and certify their finding and award in writing to the said owner or owners of said land or lands, and if such owner or owners be not resident withTo certify find in the said Town to certify their finding and award to the owner or tenant of said real estate, but if there be no owner or tenant resident in said Town, the said notice shall be affixed to the most conspicuous part of the premises, which shall be as effectual as personal service of the same. If any owner be dissatisfied with the amount of the compensation or damages allowed by the said Council of "The Town of Milton", as aforesaid he or she may, within five days after such notice as aforesaid, appeal from the said assessment of compensation or damages by serving written notice to that effect on the President or other presiding officer of the Council of "The Town of Milton". In order to prosecute said appeal, such owner or owners shall, within five days after the expiration of the five days allowed for the appeal, and upon five days notice to the said President or presiding officer of the Council of "The Town of Milton", make written application to the Associate Judge of the Resident Judge Superior Court of this State, resident in Sussex County, ty to appoint for the appointment of a Commission to hear and determine the matter in controversy, and thereupon the said Associate Judge shall issue a commission, under his hand directed to five freeholders of the said County, three of whom shall be residents of the said Town of Milton, and two of whom shall be non-residents of the said Town, commanding them to assess the damages which the owner or owners of the said lands intended to be taken, occupied or used for the purpose of this Act, as aforesaid, (and who shall have notified said Commis in Sussex coun a Commission to assess damages OF CITIES AND TOWNS. award final award sioners of their intention to appeal) may sustain or incur by reason of such use or occupancy, and make return of their proceedings to the said Associate Judge at the time therein appealed. The freeholders named in such Commission being first sworn or affirmed as in said commission shall be directed, shall view the premises, and they or a majority of shall assess the damages as aforesaid, and shall make return in writing of their proceedings, in the premises to the Associate Judge, who shall deliver said return to the said Council of "The Town of Milton" which shall be final and conclusive. The said Commission's Associate Judge shall have power to fill any vacancies in the Commission. The amount of damages being so ascertained, the said Council of "The Town of Milton" may pay or tender the same to the person or persons entitled thereto within one month after the same shall be Tender of finally ascertained, or if the person or persons so entitled reside out of or are absent from the said Town during the said period of one month, then the same may be deposited to his or her credit in any responsible Bank or Trust Company in Sussex County within said time award when and thereupon said property or land may be taken or to be found & occupied for the use aforesaid. In the ascertainment of damages by the freeholders aforesaid, if the damages shall be increased the costs of the appeal shall be paid by the Treasurer of the Town of Milton, or by the Treas- sta of the urer designated by the said Council of "The Town of Milton", out of the money in his hands arising from the sale of certain Bonds, but if said damages shall not be increased the cost of the appeal shall be paid by the Appellant. The fees of the freeholders shall be Two Dollars per day each, which shall be entered as part of the costs. If the damages shall be fixed and ascertained by the freeholders aforesaid the said Council of "The Town of Milton" shall have the option to pay the damages assessed within the time aforesaid, and to proceed with the option of acsaid improvements, or upon the payment of costs only To deposit owner is not Costs Fees cepting award |
