SPECIAL ACTS AND RESOLUTIONS PASSED BT THE. General Assembly OF THE AT THE MAY. SESSION, 1873.

Transcription

1 SPECIAL ACTS AND RESOLUTIONS PASSED BT THE General Assembly OF THE STATE OF CONNECTICUT, AT THE MAY. SESSION, PUBLISHED BY AUTHORITY. HARTFORD: PRESS OF WILEY, WATERMAN & EATON

2 CONN. INDUSTRIAL SCHOOL. CITY OF BRIDGEPORT. 115 Corporation," for the purpose of purchasing a tract of land, and erecting buildings thereon, in the town of Ridgefield, and holding annual agricultural fairs thereon, and for other pur poses; therefore, Resolved by this Assembly : That all the corporate powers of said agricultural society be, and they are hereby transferred to and vested in the above named corporation, and that said cor poration be entitled to all the privileges, and subject to all the liabilities pertaining to other incorporated agricultural societies of this state, according to the laws thereof. Approved, July 1st, [House Bill No. 18.] [90.] AN ACT AMENDING THE ACT INCORPORATING " THE CONNECTICUT INDUSTRIAL SCHOOL FOR GIRLS." Be it enacted by the Senate and House of Representatives in General Assembly convened : Section 1. The age of girls com mitted to The Connecticut School for Girls, shall be between eight and sixteen years. Sec. 2. In addition to the directors now existing, two other directors shall be annually chosen, in the manner provided by law. Sec. 3. This act shall take effect from its passage, and all acts inconsistent with this act are hereby repealed. Approved, July 1st, [91.] AMENDING THE CHARTER OF THE CITY OF BRIDGEPORT. Be it enacted by the Senate and House of Representatives in General Assembly convened: Section 1. That the city of Bridgeport be, and the same is hereby empowered to purchase of the Bridgeport Hydraulic Company of the city of Bridge port, all the rights, privileges, franchises, real estate, fixtures and

3 116 AMENDING CHARTER OF THE CITY OF BRIDGEPORT. \ personal property belonging to said company ; and if the said city of Bridgeport and the said Bridgeport Hydraulic Company are unable to agree, as to the fair value of all the property and rights aforesaid of said Bridgeport Hydraulic Company, then an estimate of the fair value of all the property and estate of every name and nature whatsoever, of the said Bridgeport Hydraulic Company may be made by three disinterested persons, to be appointed by any judge of the superior or supreme court of errors, upon the application of the city of Bridgeport upon ten days' notice to said Bridgeport Hydraulic Company, and said board of appraisers shall proceed to value said property and estate, and to publish to the parties their award by filing the same with the clerk of the superior court for Fairfield county. Sec. 2. If upon publication of said award, and if upon offer by the city of Bridgeport, to fulfill the terms of said award, incumbent upon them as purchasers, the said Bridgeport Hydraulic Company shall fail or decline to make, execute and deliver by proper conveyance all the property and estate aforesaid, to the said city of Bridgeport, and to surrender to said city all their corporate powers, then the city of Bridgeport is hereby authorized and empowered to take and vise the water out of the Pequonnock river, or any other stream, lake or pond, and to build, construct or enlarge any dam, pond or reservoir, and to hold, convey and distribute the water from such stream, lake, pond or reservoir, into and through the city or town of Bridgeport, by means of reservoirs, pipes, aqueducts, and other suitable works, in such quantities as the necessities and conveniences of said city may require ; to take and hold any lands, property or privileges, and to exercise any powers not inconsistent with the laws of this state or the United States, that may be necessary or convenient for the car rying into full effect the purpose of this act, Sec. 3. The common council of said city of Bridgeport shall, upon the acceptance of the provisions of this act by said city as herein provided, elect four persons, residents of said city, in the manner designated by the 49th section of the charter of said city for the election of road and bridge commissioners, who, with the mayor of said city, ex officio. shall be the board of water commissioners : said commissioners shall hold their office for the length of time in said 49th section designated for said road and bridge commissioners, and said common council of said city of Bridgeport shall, on nomination of the board of water commissioners, appoint an engineer, a treasurer and super intendent, and such other officers as may be necessary and at such compensation as may be approved of by said common

4 AMENDING CHARTER OP THE CITY OF BRIDGEPORT. 117 council, and said commissioners may employ such other persons as may be necessary to construct said works and carry out the provisions of this act, and all of said officers shall give a bond with sufficient surety for the faithful performance of their duties, in such sum as said common council shall prescribe, and all of said officers shall hold their offices until their successors are duly elected and sworn. Sec. 4. Said commissioners are hereby authorized and em powered to take and enter upon and to purchase and take con veyances for and in the name of said city of all lands, property or privileges, necessary or convenient for accomplishing the pur poses of this act, to hold in sufficient quantities the water of any stream, either within or wiihout said city of Bridgeport, by the construction of suitable dams across the same ; to enter upon any lands near such proposed dams, and procure earth, stone or other material for the construction and maintenance thereof, and to make suitable waste ways for the. surplus water of such stream ; to change the location of any road or passway which may be covered by the waters of any reservoir so formed and take land therefor, to enter upon and make use of the ground or soil under any railroad, street, high or private way] public or private grounds, and lay, construct and maintain all necessary pipes and aqueducts, in such manner as least to dam age or impede travel thereon ; to make contracts for labor and materials for the general purposes of this act; to make and establish public reservoirs; to locate hydrants under the direc tion of the common council ; to make rules and regulations regarding the use and distribution of said water, and establish the prices to be paid therefor; to audit, and allow and draw orders on said treasurer for the payments of all claims against said city on account of said water works, including the payment of interest on notes or bonds issued on account of such works ; and generally to attend to the construction, care, supervision and management of said water works, and to exercise any addi tional powers that from time to time may be conferred upon them by the common council of said city, and to do any other act necessary or convenient for accomplishing the purposes of supplying said city with water, and to distribute said water through said city. A majority of said water commissioners shall constitute a quorum for the transaction of the business of said board : provided, that nothing herein shall be construed as per mitting said city in any manner to destroy, interfere with or injure any of the works or pipes of the Bridgeport Hydraulic Company. Sec. 5. The said city of Bridgeport shall be liable to pay all

5 118 AMENDING CHARTER OF THE CITY OF BRIDGEPORT. the damages that shall be sustained by any person, persons or corporation, by the taking of any lands or estate as aforesaid, or by the construction or laying of any reservoir, pipes, aque ducts or other works for the purpose of this act ; and, if at any time it shall appear that any damage has occurred, or may be likely to occur, to any person, persons or corporation, by reason of taking or using their land or estate for the purposes of this act, or in the construction of said water works, and the said board of commissioners cannot agree. with the owner or owners of such property or privileges as to the amount of compensation or damages to be paid to them, or in case any such owner shall be an infant or married woman, or insane, or absent from this state, or unknown, or the owner of a contingent or uncertain interest, then such compensation or damages may be assessed by three disinterested persons under oath, to be appointed by either judge of the superior court, on application made to said judge by or on behalf of said city of Bridgeport after such notice shall be given of such application as said judge shall prescribe ; which said appraisers shall report their doings, embracing the amount of their assessment, to the clerk of the superior court for Fair field county, to be by him recorded, and thereupon such assess ment shall be taken and held to be a final adjustment of said compensation and damages between said parties ; and payment thereof, or deposit of the same with the county treasurer to the use of such owner or owners, shall release said city from liability to any further claim for compensation or damages. Sec. 6. For the purpose of defraying the cost of construc tion of said water works and expenses incident thereto, or for the purchase, extending, enlarging and repairing of the works, privileges, and franchises of the said Bridgeport Hydraulic Company, at said price hereinbefore stated, and for no other purpose whatever, said city is hereby authorized and empow ered to issue notes, bonds or certificates of debts to be denominated on the face thereof, Water Fund of the City of Bridgeport, to an amount not exceeding the sum of five hundred thousand dollars, bearing interest at six per cent, pay able semi-annually, interest and principal payable in gold, and. free from taxation by the city and town of Bridgeport, the principal of said bonds to be payable at some certain place and time or times within forty years from the date of issue' ; and the amount of said notes, bonds or certificates which may at any time be issued, together with the times of the payment of prin cipal and interest thereof, shall be prescribed by said city of Bridgeport, in a legal meeting for that purpose called and held ; and said notes, bonds and certificates shall be signed by the

6 AMENDING CHARTER OF THE CITY OF BRIDGEPORT. 119 mayor of said city and countersigned by the treasurer and audi tor of said city, and the clerk of said city shall register the number and amount of each bond issued, in the records of said city, and said bonds, notes and certificates shall, when issued, be obligatory upon said city and the inhabitants thereof, accord ing to the purport and tenor of the same. Sec. 7. The board of water commissioners of said city, together with the treasurer of said water fund, shall be the trus tees of the notes, bonds or certificates of debt issued by said city, shall superintend the issuing of the same and regulate the particular form thereof; and after the same or any part thereof shall be issued, they may sell them in such manner as they deem best at no less than their par value, or they may pledge the same for monies temporarily borrowed by them, and said board shall keep a record of all such notes, bonds or certificates issued, dis posed of, or pledged, and all monies received by such board shall be by them forthwith paid over to the treasurer of said water fund. Sec. 8. The board of water commissioners shall have power to assess annually and collect such rent as they may deem rea sonable for the use of said water, and the avails of all water rents shall be first applied to defraying the current expenses of said water works, after which to. the payment of the interest on said notes, bonds or certificates; and excess over said current expenses and interest shall be invested for the payment of the water fund bonds in this act provided. Sec. 9. In case the avails of water rents should at any time be inadequate to meet the current expenses of said water works and the interest of said notes, bonds or certificates, the deficiency shall be supplied by the laying of a tax on all property and per sons liable to taxation in said city of Bridgeport, which tax shall be collected in the same manner as other city taxes ; and the avails of all such taxes shall be paid over to the treasurer of the water fund, subject to the order of the board of water commissioners; and any claim of said city for the use of water, shall be a lien upon the real estate or property wherein or in connection with which such water was used; and said lien may be foreclosed before any court having jurisdiction, in the same manner as a mortgage is now foreclosed ; and the board of water commissioners shall also have power to issue warrants for the collection of all such claims, in the form prescribed by law for the collection of taxes, which warrants shall be signed by said commissioners and directed to some proper officer, or indifferent person, named therein, who shall have the same power to levy and collect the same, as collectors of town and state taxes now have by law.

7 120 AMENDING CHARTER OF THE CITY OF BRIDGEPORT. Sec. 10. It shall be the duty of the board of water commis sioners to keep a record of their official proceedings and an accurate account of their receipts and disbursements, verified by proper vouchers, which accounts shall be open at all proper times, to the inspection of any taxpayer of said city ; and said commissioners shall render a quarterly statement of their receipts and disbursements on account of the construction of said works; and annually a separate statement of receipts from the revenue of the same, and payments for interest and current expenses after the opening of such works for public use, which statement shall be sworn to by one or more of said commissioners and recorded in the records of said city ; and the commissioners shall render such statements and reports to the common council of said city as may from time to time be required by said council. Sec. 11. And if any person shall willfully or maliciously corrupt the water in any reservoir, hydrant, aqueduct, pipe or other portion of said water works, or destroy or injure any por tion of such works, or any materials or property used or designed to be used in connection therewith, such person on conviction thereof, before any court having competent jurisdiction, shall be punished by fine not exceeding two hundred dollars, or by im prisonment not exceeding one year, or by fine and imprisonment both, and said city shall have power to enact ordinances, in the manner prescribed bylaw for the enactment of other ordinances of said city, imposing penalties and forfeitures for violation of any of the rules. or regulations of the board of water commis sions : provided, that such penalty or forfeiture shall not exceed the sum of twenty dollars for any one offense. Sec. 12. This act shall to all intents and purposes be a pub lic act, and may be altered, amended or repealed by the general assembly; and the same shall not go into effect until it has been accepted by said city, at a city meeting legally and specially warned for that purpose and to be held within one month of the passage hereof, at which meeting the vote shall be taken by ballots written "Yes" and "No;" and if a majority of the bal lots so cast in said meeting, shall have upon the same the word "Yes," then this act shall take effect and be in full force, other wise the same shall be null and void ; the boxes to receive the ballots aforesaid shall be kept open on such day of voting from nine o'clock, a. m., until five o'clock, p. m., and the votes shall be counted and the result declared in the manner prescribed for the election of the annual officers of said city ; and at said meet ing any citizen of the city of Bridgeport whose name appears

8 ANCIENT ORDER OF HIBERNIANS. 121 upon the check list, at the last annual election of said city shall be entitled to vote and none others. Sec. 13. This act shall take effect from the day of its accept ance in the manner aforesaid, by said city of Bridgeport. Approved, July 2d, [House Joint Resolution, No. 55.] [92.] INCORPORATING THE GRAND DIVISION OF THE ANCIENT ORDER OF HIBERNIANS OF THE STATE OF CONNECTICUT. Resolved by this Assembly : Section 1. That Patrick Dailey, Thomas K. Dunn, Patrick J. O'Connor, John F. Nolan, Robert Grace, Thomas Kennedy, James C. O'Neil and John Sceerey, and such other persons as are or may be associated with them, and their successors, members of the Grand Division of the Ancient Order of Hibernians of the state of Connecticut, and the same are hereby made and constituted a body politic and corporate by the name, style and title of the Grand Division of the Ancient Order of Hibernians of the state of Connecticut, and by that name they and their successors may and shall have perpetual succession ; may have and use a common seal, and may change'the same at their pleasure ; shall be capable in law or equity to sue and be sued, plead and be impleaded, answer and be answered unto, defend and be defended in all courts and places whatsoever; to make contracts, and to purchase, hold and enjoy, sell, convey, mortgage and lease property and estate, real, personal and mixed, and also to take and hold devises, gifts, legacies and bequests : provided, that the clear annual value of property owned by said Grand Division shall not exceed the sum of twenty thousand dollars. Sec 2. The said corporation shall have power to require bonds from the treasurer of the Grand Division, to grant char ters to subordinate divisions, upon proper application, and to recall and annull the same for good cause ; to enact laws for the government of said subordinate divisions, and to prescribe the ualifications of persons applying for admission to said suborinate divisions, and to hold meetings, elect and install all needful officers. Sec 3. The said Grand Division shall have power to enact such by-laws as their constitution may prescribe for their own