corporation by means of water pipes or conduits conveying water obtained from without the limits of any municipality operating or maintaining a public watersupply, whether or not the supply of water furnished by such municipality is obtained by contract or is from a plant owned and controlled by such municipality, for use within the limits of such municipality, without the consent of the board or authority having charge of the water-supply of any such municipality. water outside by consent. 2. It shall not be lawful for any person, firm or cor- Obtaining poration within the limits of any municipality maintain- municipality ing or operating a public water-supply, whether or not the supply of water furnished by the municipality is obtained by contract or is from a plant owned and controlled by the municipality, to obtain water by means of pipes or conduits from any source outside the limits. of such municipality for use or consumption within such municipality without the consent of the board or authority having charge of the said public water-supply in such municipality. by injunction. 3. Any such municipality may maintain an action at Right, secured law or in equity to enjoin the violation of any of the provisions of this act. 4. This act shall take effect immediately. Passed October 11, 1907. CHAPTER 266. An Act providing for the construction of sewers and sewer systems in cities of this State and the issuance of bonds for the cost thereof, and providing for collecting rentals for the use of such sewers and sewer systems. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey: 1. In any city of this State it shall be lawful for the governing body of such city to construct a sewer sys Cost of sewer system borne by munici pality at large. Bond issue. Rate. Time. Rules and regulations for use, connections, etc. Rentals. Sinking fund. Application of rentals. tem therein or such sewer or sewers or extensions of sewers as such governing body shall determine upon, and to issue bonds for the entire cost thereof, without making any assessment or assessments against adjacent or other properties in such city for the benefits conferred thereby, so that the entire cost of said sewer or sewers shall be borne by said municipality at large. 2. The bonds to be issued by said municipality for the purpose of raising money to construct such sewer or sewers, or sewer systems, shall be known as sewer bonds, and shall bear interest at a rate not to exceed five per centum per annum, with interest, payable annually or semi-annually, and the principal of said bonds may be made payable at any time not to exceed thirty years from their date. All restrictions contained in any statute of this State relating to the limitation of indebtedness of such municipality shall be applicable to any city issuing bonds under this act. 3. In any city in which the sewers thereof are or have been constructed, it shall be lawful for such municipality to prescribe rules, regulations, conditions and restrictions as to the connection with, operation and use of said sewers, and to fix, determine, charge and collect rentals for the use of any sewer or sewers comprising any part of such sewer system; and such rules, regulations, charges and rentals may be enforced by the governing body of such city under such terms and penalties as shall be by ordinance of such city prescribed. 4. The governing body of such city shall create a sinking fund, which, compounded on a basis of four per centum interest per annum, shall be sufficient to retire, at their maturity, all bonds issued in accordance with the provisions of this act; the rentals received by such municipality for the use of said sewers, after the payment therefrom of such amount as may be necessary for constructing, extending and maintaining such sewers during any year, and salaries, charges and incidental expenses connected with the maintenance and operation thereof, shall be applied, first, to the payment of the interest upon the bonds issued for the purpose of constructing such sewers, and next to be placed to the balance raised credit of said sinking fund, and safely invested by commissioners of the sinking fund of such city, if any there be, and if none, then by the legislative body, and allowed to remain as a sinking fund, to be applied to the payment of the bonds at maturity; if the amount received If deficiency, from rentals in any year and placed in said sinking fund by taxation. shall be inadequate, then the additional sum necessary to be placed to the credit of said sinking fund shall be raised and placed to the credit of the said sinking fund by adding the amount thereof to the amount of taxes to be raised annually by the taxing authorities of said municipality. bond sale. 5. All moneys received as the proceeds of the sale of Proceeds of bonds as well as all moneys received for rentals for the use of such sewer or sewers shall be deposited with the city treasurer or other custodian of the public funds of such city, and be by such custodian applied in accordance with the provisions of this act. 6. It shall be lawful for such municipality to construct Bond issue its sewers or sewer system under the provisions of this not obligatory. act without issuing bonds therefor, should such munici pality so determine. 7. Any bonds issued under this act shall be a lien Bonds a lien. on or charge against the property and revenues of such city, and any interest on said bonds or the principal thereof that shall not be provided for under the provisions of this act hereinabove contained, shall be raised and paid by general taxation of such city. in sewer com 8. In any city wherein there exists a board of sewer Powers lodged commissioners, all the powers, rights, duties and privi- missioners. leges of this act referred to as pertaining to the governing body of said city in relation to the construction and maintenance of sewers and the issuance of bonds therefor, shall be vested in said board of sewer commissioners, and such sewer system shall be under the entire management and control of said board of sewer commissioners; provided, however, that no such bonds shall be issued Proviso. except by the consent and approval of the board of aldermen, council or other legislative body of said city, first manifest by a resolution of said board of aldermen, council or other legislative body for that purpose. When act effective. Referendum. Result. 9. This act shall take effect immediately, but its provisions shall remain inoperative in any city until assented to by a majority of the votes of the legal voters voting upon the question at a special election, to be held in accordance with the provisions of the general election law. Whenever the common council or other governing body of any city shall pass a resolution determining that sewers or a system of sewers shall be constructed, it shall be the duty of the city clerk of such city to transmit the certified copy of said resolution to the county board of registry and election, which board shall thereupon designate a time and place or places for the holding of said election. The only proposition submitted at said election shall be as follows: "For the adoption of 'An act providing for the construction of sewers and sewer systems in cities of this State and the issuance of bonds for the cost thereof, and providing for colloceting rentals for the use of such sewers and sewer system,' approved .... " and "Against the adoption of 'An act providing for the construction of sewers and sewer systems in cities of this State and the issuance of bonds for the cost thereof, and providing for collecting rentals for the use of such sewers and sewer system,' approved .... ." If a majority of the votes cast upon such proposition shall be in favor of the construction of sewers, this act shall become operative in any such city, but not otherwise. Passed October 11, 1907. Expiration of terms of office. CHAPTER 267. An Act concerning the government of cities of the first class. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey: I. In cities of the first class the terms of office of all city officers, members of city boards and other employes appointed by the mayor thereof, whether for a definite or an indefinite term, shall expire with the term of such mayor, and the successors of such officers, members of city boards and employes shall be appointed by the incoming mayor and shall hold such positions during the term of the mayor so appointing. 2. All acts and parts of acts inconsistent herewith are Repealer. hereby repealed, and this act shall take effect immediately. Passed October 11, 1907. CHAPTER 268. An Act to abolish the "State Board of Voting Machine Commissioners," and to cast the duties of said commissioners upon the Secretary of State. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey: voting machine com 1. The "State Board of Voting Machine Commis- Duties of sioners" is hereby abolished, and all the powers and machin duties now exercised and performed by said commis- mission transsioners are hereby devolved upon and shall be exercised secretary of and performed by the Secretary of State of this State. ferred to state. priations. 2. All appropriations of money made to said "State As to approBoard of Voting Machine Commissioners" shall enure to the Secretary of State for the purpose of carrying out this act; provided, however, that for services rendered Proviso. by the Secretary of State in the performance of the duties herein imposed upon him he shall receive no compensation in addition to his present salary as Secretary of State. 3. This act shall take effect immediately. Approved October 12, 1907. |
