grade recorded within bounda shown on plan, on the request of the owner of the land on which the building is to be grade from placed, or if any building shall be placed or erected within the boun- in surveyor's daries of any way shown on any of the plans hereinbefore provided office, etc., or for, after the filing of the plan as aforesaid, and not removed at ries of way the expense of the owner when required by said board of street com- for subsequent missioners, no damage occasioned to the estate, of which the land on changes in which the building was so placed formed a part at the date of the first advertisement aforesaid, or to any part of said estate, by the subsequent establishment or change of the grade of any highway, shall be recovered by, or be paid to, the owner of the whole or of any part of such estate. grade, etc. of majority in thority of city construct way. pass order un SECT. 10. Whenever a majority in interest, determined as pro- Upon petition vided in section eleven of this act, of the owners of lands lying with- interest of in one hundred and twenty-five feet of any way shown on any plan owners, or aufiled as aforesaid, shall petition the board of street commissioners of council, board said city to order the construction of such way, or whenever the city may lay out or council shall authorize said board to order the construction of any such way, said board may proceed in the manner provided for laying out highways in said city, and may, with the approval of the mayor, if of the opinion that the public interests so require, pass an order laying out such way as a highway, if it has not already been so laid out, and if already so laid out, but not constructed, or if laid out under the provisions of this section, may pass any order for the construction of the same; and any person injured in his property thereby may have the same remedies as are now provided by law for persons so injured by the laying out of highways in said city: provided, however, that said board shall Board not to not pass any such order unless there shall have been paid to said city less assessments such sum of money, if any is needed therefor, as will when added to exceeding 25 the total average assessed value for the preceding three years of all mated cost are the lands which will be liable for the assessable cost of said work, as provided in section fifteen, exceed by at least twenty-five per cent. the cost as estimated by them of the laying out and of the work to be done under the order. Said board shall also in said order deter- Board to determine, in accordance with the certificate of the superintendent of streets of said city, the kind of surface or pavement for said high- walks, etc. way, the height and width, and the materials for the edgestones and sidewalks, the locations, sizes, and materials for the sewers, catchbasins, and all other connections, and, in accordance with the certificate of the water supply department. the size for the water-pipes and connections; said board shall also determine in said order the size for the gas-pipes and connections to be laid in said highway, and if the gas company in said city shall certify to the proper size for said gas-pipes and their connections, the said board shall make its determination in accordance with said certificate. per cent. of esti first paid. mine kind of pavement, side ers, manner of SECT. 11. The aforesaid interest of each owner snall be deter- Interest of own mined by the number of square feet of land which he owns lying determining. within one hundred and twenty-five feet of, and measuring from the side or sides on which his lands lie, of the way named in the petition, or if there is another way less than two hundred and fifty feet distant from the aforesaid way and having the same general direction, then such interest shall be determined by the number of square feet of land which he owns within a line drawn half way between the two ways. of streets to SECT. 12. The superintendent of streets of said city shall forth- Superintendent with after the passage of the aforesaid order, give public notice by give notice of advertisement twice a week for two weeks in succession in at least contemplated two daily newspapers published in said city that he is about to do work. the work contemplated in said order, and that all work which is to be done in the highway shall be done before a certain day specified in the notice; shall send a copy of such notice to the gas company and the water supply and lamp departments in said city at least three weeks before the aforesaid specified day, and shall with all reasonable despatch proceed in the manner provided in chapter four hundred and eighteen of the acts of the year eighteen hundred and ninety, for departments of said city when authorized to erect new buildings, to construct the highway, and to lay the sidewalks and Superintendent the sewers, and the catch-basins and all other connections therein, in accordance with the said order, and connect the said sewers with the sewers then in use; and if the gas company authorized to lay gas-pipes in the highway shall neglect or refuse to lay its pipes as determined in said order within the time specified therefor, he shall lay the said pipes as so determined and connect them with the pipes then in use. to construct sewers, etc. Work not to be done after approved by mayor. SECT. 13. Said superintendent shall not do, or permit to be done, Now 15, unless any of the work above described in any year after the fifteenth day of November, unless he certifies, in a writing approved by the mayor and kept on file in the office of said superintendent, that public necessity requires the work to be done. After the construction of the Highway not to highway said superintendent shall not, for the space of two years, two cars unless permit any department or person to disturb the surface thereof, except in cases of obvious necessity, to be certified to in a writing to be approved and kept as hereinbefore provided, and except in cases of breaks or leaks in pipes, sewers, or wires, but after said two years said superintendent may in his discretion permit openings to be made. be disturbed for in case of necessity. Street commis. mine cost of carrying out order. SECT. 14. Said board of street commissioners shall forthwith. one to deter after the construction of the highway, determine the cost incurred in carrying out said order, including the expenses of taking land and all other expenses of the laying out and the expenses of all work done and materials furnished by the superintendent of streets as certified by him, excluding water-pipes, gas-pipes and connections, and the laying thereof, and said cost shall be the assessable cost of the work done under said order. Assessments if not paid to be SECT. 15. The said assessable cost of the work done under said order shall be repaid with interest to the city, by the owners of the several parcels of land described in section eleven, and the amount to be paid for each parcel, for which the parcel shall be liable, and for which an underlying lien shall attach to the parcel, shall be determined by said board of street commissioners in accordance with the proportions in which said board shall determine that the said parcels of land are increased in value by the carrying out of the aforesaid order. The cost, if any are laid by said superintendent of streets, of the gas mains and connections and the laying thereof, as determined by said superintendent, shall be repaid to said city by the gas company owning the pipes with which the gas pipes laid in said streets are connected. SECT. 16. The board of assessors of said city, if the amount of included in tax the aforesaid assessable cost for which any parcel of land aforesaid bills, and may is liable, determined as provided in section fifteen, is not paid bebe apportioned upon subdivis. fore the last day of September next succeeding said determination, ion of parcel. shall include a sum equal to nine per cent. of such amount plus one year's interest on the whole of said amount at the rate of five per cent. per annum, in the next and succeeding annual tax bills issued for the tax on the said parcel until ten such sums have been paid, or if such parcel has been subdivided and a plan thereof filed in the registry of deeds and the assessors notified in writing of such filing, said board shall apportion the said sum, including said interest, to said subdivisions in proportion to their areas, and include the several apportionments in the next and succeeding annual tax bills issued for the taxes on the respective subdivisions; said board shall issue tax bills for such sums or apportionments for any parcels or subdivisions for which no tax bill would otherwise be issued. Every such sum or apportionment in a tax bill shall be levied, collected, and paid into the city treasury, without abatement, as if a part of, and in the same manner as, the city taxes on real estate. pay balance SECT. 17. The owner of any parcel of land or subdivision afore- Owners may said, may at any time pay to said city the balance of the amount of due to city at the said assessable cost for which his parcel or subdivision is liable, any time. remaining due after deducting therefrom the several sums or appor tionments, exclusive of interest, included in tax bills as provided in section sixteen, and his parcel or subdivision shall then be relieved from further lien and liability therefor, and whenever the payments toward said assessable cost, with the sum paid under the provisions of section ten, plus the interest on such sum at the rate of five per cent. per annum from the date of payment thereof, shall be equal to the whole of said assessable cost, all further liability of, and lien on, any and all parcels of land liable for such assessable cost shall cease. bonds, from received. SECT. 18. The treasurer of said city shall, from the premiums, Treasurer to amounts, sums, and apportionments received during any financial pay interest on year of said city under the provisions of sections two, ten, fifteen, premiums, etc.. sixteen, and seventeen, pay the interest on the aforesaid bonds and certificates accruing during that year, and shall pay over any surplus of the moneys so received to the board of commissioners of sinking funds of said city, to be by them credited to the sinking funds established for the debts incurred under section two. If the amount so received in any such year is insufficient to meet the interest aforesaid, said treasurer shall, unless other provision is made by said city, pay the deficiency from the aforesaid appropriation; and unless said city otherwise orders, shall, when said bonds and certificates become due, pay from said appropriation any deficiency existing in the sinking funds established to pay the same, and no moneys shall be raised for interest or sinking fund requirements on said bonds and certificates except as herein provided, unless ordered by said city. is aggrieved, it may recover in tract against SECT. 19. If the gas company is aggrieved by the determination If gas company of the amount to be repaid by it to the city, as provided in section fifteen, and shall pay said amount into the city treasury within ten an action of condays after such determination, it may recover of said city, in an ac- city. tion of contract brought within three months after said determination any excess of said amount over the amount which it should have paid thereunder, with interest thereon at the rate of five per cent. per annum. SECT. 20. This act shall not be construed to authorize the location Common, etc., excepted from or laying out of any highway or public place on or over the common, provisions of public garden, or any public park, or over any burial ground. act. enforce, etc., SECT. 21. Any court having jurisdiction in equity shall also have Court may such jurisdiction to enforce and to restrain the violation of the pro- this act. visions of this act. SECT. 22. This act shall take effect upon its passage. [1854, 448; 1885, 266; 1890, 418.] May 11, 1891. City may incur indebtedness not exceeding $1,000,000 to complete new 1891. CHAPTER 324. AN ACT TO AUTHORIZE THE CITY OF BOSTON TO INCUR INDEBTED- Be it enacted, etc.: SECTION 1. The city of Boston, for the purpose of enabling the trustees of the public library of the city of Boston to complete the new public library building in Copley square in said city, may in addition public library. to all indebtedness heretofore authorized, incur indebtedness and may authorize the city treasurer of said city to issue from time to time as the said trustrees shall request and the mayor of said city approve, bonds or certificates of indebtedness to an amount not exceeding one million dollars. Such bonds shall be payable in thirty years from their date, and shall bear interest at a rate not to exceed four per cent. per annum payable semi-annually and fixed by the said treasurer with the approval of the mayor. Indebtedness incurred to be outside debt limit. Treasurer to sell bonds and pay expenses incurred for purposes of this act. P.S., c. 29, and 1884, 129, to of bonds. SECT. 2. The indebtedness incurred under this act shall not be considered or reckoned in determining the authorized limit of indebtedness of the city of Boston under the provisions of section four of chapter twenty-nine of the Public Statutes as modified and amended by section two of chapter one hundred and seventy-eight of the acts of the year eighteen hundred and eighty-five. SECT. 3. Said treasurer shall sell such bonds or certificates, or any part thereof, from time to time as required, and retain the proceeds thereof in the treasury of said city, and pay therefrom the expenses incurred by the said trustees for the purposes aforesaid, except premiums received by him from the sale of said bonds or certificates, which he shall pay to the board of commissioners of the sinking funds of said city to be applied to the purposes of the sinking fund for said loan. SECT. 4. Except as herein otherwise provided the provisions of apply to issue chapter twenty-nine of the Public Statutes and of chapter one hundred and twenty-nine of the acts of the year eighteen hundred and eighty-four shall apply to the issue of such bonds and to the establishment of a sinking fund for the payment thereof at maturity. SECT. 5. This act shall take effect upon its passage. May 11, 1891. [1878, 114; 1880, 222; 1882, 143; 1883, 141; 1887, 60; 1889, 68, 379.] City may build Charles river, within certain lines. 1891.. CHAPTER 344. AN ACT TO AUTHORIZE THE CITY OF BOSTON TO CONSTRUCT A SEA WALL AND EXTEND THE CHARLES RIVER EMBANKMENT. Be it enacted, etc.: SECTION 1. The city of Boston may, by its board of park coma sea-wall along missioners, build a sea-wall on the Boston side of the Charles river from the sea-wall of its present park, situated between Craigie's bridge and West Boston bridge, to the sea-wall of said river in the rear of Beacon street in said city, on or within the following lines: Beginning at a point in the southwest corner of the stone wall of the Charles-river embankment, or Charlesbank; thence running southerly by a straight line to a point in Charles river three hundred feet dis tant westerly from the harbor commissioners' line, measuring on a line perpendicular to the said commissioners' line at its intersection with the southerly line of Mount Vernon street; thence continuing southerly and westerly from the aforesaid perpendicular line, on such lines curved southerly and westerly from the aforesaid straight line, as said board of harbor and land commissioners shall approve. grounds en poses of a public SECT. 2. The said city, by said park commissioners, shall fill in City to fill in the grounds enclosed by said sea-wall and use the same for the pur- closed by seaposes of a public park, in accordance with the provisions of chapter wall for purone hundred and eighty-five of the acts of the year eighteen hundred park. and seventy-five, and may grant the right to use, and the persons to whom such rights may be granted may use, portions of said grounds for boat or bath houses. tute the harbor SECT. 3. The lines of the sea-wall aforesaid shall constitute the Lines of seaharbor lines, beyond which no wharf, pier, or other structure shall be wit the arbor extended into or over the tide-water of said basin, excepting such lines. bath-houses, boat-houses, and landing-places as the said board of park commissioners shall build or permit to be built, with the approval of the said board of harbor and land commissioners; and when the city of Boston shall have built the said sea-wal! and filled in the said grounds as a park, as aforesaid, and so long as the same shall be used as a public park the Commonwealth will not authorize or permit any person or corporation to construct any extensions or erections from or contiguous to the water-line of said park, except with the consent of said park commissioners. land or water SECT. 4. Said city may take any land or water rights and any City may take flats or lands coverd by tide-water, between the present harbor com- rights, etc. missioners' line and the line on which the said wall is hereby authorized to be built, necessary for the purposes aforesaid, and the damages incurred thereby shall be paid by the city of Boston: provided, however, that said city shall not be liable to pay any other damages than the Commonwealth itself would be legally liable to pay. SECT. 5. Any person whose lands, flats, or rights are taken under Rights of perauthority of this act shall have the same rights and remedies in ob- sous damaged by such taking. taining damages for such taking as persons injured by the taking of their lands for highways in said city, except as above provided. SECT. 6. This act shall take effect upon its passage. [1886, 65, 134.] May 20, 1891. AN ACT TO ESTABLISH A COMMISSION TO PROMOTE RAPID TRANSIT FOR Be it enacted, etc.: point three persons, with the persons SECTION 1. The governor with the advice and consent of the Governor to ap council shall, within thirty days from the passage of this act, appoint three persons, none of whom shall be residents of the city of Boston, appointed by who, together with the mayor and city engineer of the city of Boston mayor, to con ex officiis, and the persons hereafter appointed by said mayor, under ansit come the order for a rapid transit commission passed by the city govern- mission. ment of Boston, which was approved by the mayor on the twentyeighth day of February in the year eighteen hundred and ninety-one, shall constitute a commission to consider the question of rapid transit for passengers and freight in the city of Boston and its suburbs. |