OF CITIES AND TOWNS. sessed on Real property and persons within the Town of Newark, Delaware," being Chapter 419, Volume 22, Laws of Delaware. ment on all in town of Section 19. The right to assess and collect the cost of Right of assessconstructing the system of sewers and disposal works property withfrom the property abutting upon the streets, highways, Newark lanes or alleys in the Town of Newark, in which any sewer is built under the provisions hereof, and all other the provisions of this Act shall.bind and apply to all property within the limits of the Town of Newark, whether owned by and used for churches, schools, college, fraternities of any other purpose, and whether exempted by any special or general law of the State of Delaware from assessment for Town Taxes or other town assessments. money received assessments Section 20. The Treasurer of "the Council of New-To set apart ark" shall set apart all money received from the assess-from ments as aforesaid, and accrued interest thereon, as a sinking fund for the purpose of paying the interest upon and the principal of the notes, bonds, or other evidence of indebtedness issued under the authority of this Act, and the money so received shall not be expended or used for any other purpose whatsoever. It shall be deposited in such banking institution in the Town of Newark as the Council of "the Council of Newark" shall designate, and together with any increment earned thereon shall be applied to the redemption of the notes issued under the authority of this Act, and the payment of the interest thereon. Commission land Section 21. Whenever the Sewer Commission shall may acquire deem it necessary or expedient to obtain or acquire private property or lands for the purpose of building the system of sewers, or disposal works, either within the limits of the Town of Newark, or without such limits to a distance not exceeding two miles as authorized in this *or Failure to reach agreement To issue prom sory note to meet cost of construction Limit to notes OF CITIES AND TOWNS. Act, they are hereby empowered to acquire such property or land by agreement with the owner or owners thereof. If the said Commission fails to reach an agreement with the owner or owners of such property as it may believe necessary to carry out the purpose of this Act, it shall notify, in writing, the council of "the Council of Newark" of such failure, and shall in such notice describe the property or lands necessary to be acquired. It shall thereupon be the duty of the said Council, as soon thereafter as possible, to proceed to acquire such property or lands in the same manner and subject to the same conditions and proceedings as are prescribed and fully set forth in Act entitled "An Act to re-incorporate the Town of Newark" passed at Dover, April, 21st, 1887, and all Acts amendatory thereof and supplemental thereto, for condemning and taking land for the purpose of laying out, opening, extending or widening of any street, road, lane or alley in the said Town of Newark. All costs incident to the acquirement of such property or lands, as aforesaid, shall be paid from the funds received by the issue, sale and negotiation of promissory notes, as hereinafter provided. Section 22. For the purpose of meeting the cost of the construction of the sewer or sewers and disposal works authorized under the authority of this Act, the Council of "the Council of Newark" shall be, and it is hereby authorized, empowered and directed to issue promissory notes of, and in the name of "the Council of Newark," said promissory notes shall be of such form and for such sum or sums as the said the Council of "the Council of Newark" may prescribe, and to such amount as the said Council may deem necessary to carry out the purposes of this Act, provided that the aggregate of such promissory notes does not exceed the sum of Fifty Thousand Dollars ($50,000.00). The promissory notes so issued shall bear upon their face the title "Newark Sewer OF CITIES AND TOWNS. Interest at any bank &o Notes" and shall bear such interest, not exceeding six per centum, per annum, as the said Council shall, by resolution, determine, such interest to be payable at such time or times as the said Council shall determine, as aforesaid, said promissory notes shall be signed by the President of the Council of "the Council of Newark", and by the Treasurer of "the Council of Newark," and shall have affixed thereto the corporate seal of "the Council of Newark." All promissory notes thus issued shall be due and payable at any Bank or Trust Company To become due in the Town of Newark, at such time or times as the said in Newark the Council of "the Council of Newark" shall, by resolution, determine. The said Council of "the Council of Newark" shall have, and it is hereby given full power and authority to issue and to sell, negotiate or discount said promissory notes, with the full power and authority Powers of to renew, re-issue, re-discount and continue said promis- Newark in consory notes, or any of them, for such time and upon such notes terms as it may, by resolution, determine. It being intended hereby to give and grant to the said the Council of "the Council of Newark" full power and authority to do any and all things necessary or required to make and constitute said promissory notes, in the form, for the amounts and for the time the same are issued, re-issued, negotiated, discounted, renewed or continued by the said the Council of "the Council of Newark" under the provisions of this Act, in every respect, good and valid obligations of "the Council of Newark" subject only to the lien of such bonds as may have been heretofore issued by the said "The Council of Newark" as hereinafter provided. Section 23. The proceeds from the sale of such promissory notes shall be deposited by the Treasurer of "the Council of Newark" in such banking institution as the Council of "the Council of Newark" may prescribe, and shall be known as the "Sewer Fund", and shall be kept Council of nection with Treasurer to use money from sewer assessments in paying off notes &c OF CITIES AND TOWNS. separate and distinct from all other monies or accounts kept by said Treasurer. Such monies shall be used and applied exclusively by the Sewer Commission to meet the cost of installing, from time to time, the sewers and disposal works authorized by this Act, and the notes issued under the authority of this Act are hereby declared to be a lien upon the taxable property situate within the corporate limits of the Town of Newark, subject only to the lien of any other issue of bonds heretofore issued and made by "the Council of Newark." Section 24. All funds received by the Treasurer of "the Council of Newark" in payment for sewer assessments levied under the authority of this Act, shall be by him used in paying off and redeeming the notes issued under the provisions of this Act, and for paying the interest thereon, and should sufficient funds not be in his hands at any period to redeem said notes when they become due, or to pay the interest accrued thereon, the Council of "the Council of Newark" shall, and it is hereby directed to levy upon and collect by special taxation from all taxable property and persons within the Town To collect ad- of Newark, such sums as may be necessary, in addition to the sums in the hands of the Treasurer, and received from the payment of assessments, as aforesaid, to redeem and pay said notes, and to pay the interest thereon. Said special taxes to be levied and collected as other taxes are now by law levied and collected for town purposes, and all sums thus received are hereby inviolably dedicated to the payment of said notes, and the interest thereon. ditional money by taxation In case sewer proposals Section 25. Should the majority of the persons owning property abutting upon any street or streets, highway or highways, lane or lanes, alley or alleys, in the Town of Newark, aforesaid, in which it is proposed to mission to pre- build any sewer or sewers and the disposal works con meets with an unfavorable vote the Com pare new plans OF CITIES AND TOWNS. be submitted nected therewith, in accordance with the plans, specifications and estimates presented, from time to time, to the Council of "the Council of Newark" by the Sewer Commission, and exhibited, as aforesaid, be opposed to the construction of said sewer or sewers and disposal works as evidenced by their votes cast at an election held under the provisions of this Act, and the said Sewer Commission is hereby authorized and directed to cause to be prepared other plans, specifications and estimates for sewers and disposal works, which said new plans may or may not include the same streets, highways, lanes and alleys, or any of them, as any former plans, specifications and estimates, said new plans, specifications and estimates shall be presented by the said Sewer Commission to the said Council of "the Council of Newark", as required in the first instance, and the said Council shall New plans to take the same action in relation thereto as directed and as before required by the provisions of this Act, and the question of building said sewer or sewers and disposal works according to the new plans, specifications and estimates shall be submitted by the said the Council of "the Council of Newark," as required in the first instance by the provisions of this Act, to the vote of the persons owning property abutting on the street or streets, highway or highways, lane or lanes, alley or alleys in which it is proposed by said new plans, specifications and estimates to build said sewer or sewers, and in all other respects qualified to vote at such election under the provisions of this Act, and this procedure may be continued from time to time until the First day of January, A. D. one thousand nine hundred and seventeen, as in this Act provided. At each succeeding election which the said the Council of "the Council of Newark" is required to call and hold, under the provisions of this Act, said Council and the officers holding said election shall do and perform all of the things required of it or them, and shall have all of the powers and authority given to it or them by this Act, |